What Do New Marijuana Legalization Laws Mean to Employers?
Ongoing decriminalize of marijuana has posed challenges for employers. The 2016 election saw voters approve new marijuana laws in seven states and now, there are 28 states, plus the District of Columbia, in which the substance is legal.
Marijuana is still a Schedule I substance under the federal Controlled Substance Act. This federal law maintains the possession, manufacture, distribution and sale of the substance is criminal. The conflict between the federal and state laws (for those which have legalized the drug) is what creates confusion.
Employers strive to maintain a productive and safe workplace while protecting the rights of their employees. Consequently, as marijuana is legalized and its use grows, so do the number of employees who test positive for the substance in drug screenings.
What is an employer to do?
Companies have had to update their employee requirements to align with changes in their state’s legislation. For example, if a company has eliminated mandatory drug screenings, does it still have the right to issue a test for a single individual based on reasonable suspicions? If so, the employer must adhere to a strict guideline of what constitutes such behavior.
Generally, three factors are considered regarding employee drug testing laws: who can be tested under what circumstances; how would the testing be conducted; and, what were the procedures to be observed by the testing entity.
In some states, such as Colorado, the law allows employers a Zero Tolerance Policy. However, the history of legislation (i.e., ADA in 1990 and Compassionate Use Act of 1996) protects some individuals against criminal charges. So, how does an employer navigate the confusion? Is the employer covered under the Drug-Free Workplace Act?)
If so certified under “The Act,” employers need to develop and publish a written policy for all employees to comply with as a condition of employment. Further, it would be advisable for the employer to initiate awareness programs to educate employees about drug abuse and to offer drug counseling and rehabilitation programs. Also, require that all employees notify their employer within five days of any conviction for a drug offense in the workplace, and, last, continue to make a good faith effort to maintain a drug-free workplace.
Are you an employer who needs assistance regarding testing for drugs in your state or industry? Data Screening can provide due diligence screenings via a variety of criteria. Their services cover legal aspects as well as customized information regarding drug testing and marijuana decriminalization.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the New Jersey Staffing Alliance, the Society for Human Resource Management and the National Association of Professional Background Screeners. How may we help you today?
How Long Does It Take for Results of a Background Check?
Data checks are a matter of routine today in the pre-employment process. The growth of technology and the post-9/11 concerns about security have converged to make background checks a commonplace. For a company in the hiring process, a sense of expediency can often be a requirement once a candidate is selected for consideration.
Typically, a company spends a considerable amount of time and money to bring onboard a new employee and the candidate’s background check is but one strategic measure used to eliminate the risk of a wrong decision as well as reveal conflicts or concerns about the potential hire. Therefore, making the background check process accurate and fast is important even though a variety of factors are examined.
Once a pre-employment candidate has authorized permission for a background check (as required by law), the turnaround time varies. It depends on the type of search conducted, as well as the company which provides it. For example, a courthouse record or motor vehicle record check can take minimal time while a trace on a social security number, a criminal record check, drug and health screening and other records may take longer.
The time can range from three days to 30 days. The biggest time-delay is incorrectly filled forms.
In addition to the applicant’s age factor (the younger, the less history to review), legal compliance to your state laws plays a role.
If you want to receive the most accurate information expediently, it pays to build an on-going B2B relationship with one agency, such as Data Screening, for your investigations. Just as with other business relationships, familiarity with expectations and preferences help assure quality, attention, and efficiency.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the New Jersey Staffing Alliance, the Society for Human Resource Management and the National Association of Professional Background Screeners. How may we help you today?
Employers Don’t Want to Hire Trouble
“I am convinced that nothing we do is more important than hiring and developing people. At the end of the day, you bet on people, not on strategies.” – Lawrence Bossidy, GE
Use one-day background check services that rely on databases alone, and you are asking for disappointment and, likely, trouble. Suffice to say the adage, “you get what you pay for,” is a truism here. Do you honestly want to put your business in the hands of someone who might not be who he or she claims?
There are valid reasons companies use third party agencies to screen candidates.
A complete background check does much more than verify employment history. Once the agency starts digging, they can look at nearly everything but the candidate’s kitchen sink.
An appropriate background check can find criminal records, sex offenses, judgments and bankruptcies, liens, tax records, driving record, education and income history. While credit reports may not be as popular a request as in the past, some employers follow the federal guidelines due to a compelling reason.
Some jobs also require you to provide a set of fingerprints, particularly if the job is in law enforcement or government security. In fact, agencies may also verify the candidate does not appear on any terrorist watch lists.
So, forego merely using social media scanning and database-only information and choose a search that will provide everything you need. Use an agency like Data Screening and get a complete, accurate and legal picture of who you wish to hire.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the New Jersey Staffing Alliance, the Society for Human Resource Management and the National Association of Professional Background Screeners. How may we help you today?