What Will Happen If You Refuse To Take An Employment Hair Drug Test
We live in a world that started to legalize and decriminalize both medicinal and recreational use of cannabis. Numerous states across the USA have legalized it for consumption, mainly since it features multiple health benefits and it is effective way to fight opioid crisis.
However, even though the understanding of weed is changing from the one created in the 20th century, some things have not changed yet.
First, the federal government considers it illegal for possession and consumption, which means that DEA classifies it as schedule 1 drug next to LSD, cocaine, and heroin.
The second problem lies in the idea that you can still be denied a job or are fired if you test positive for THC even if you live in the state that has legalized cannabis for medicinal and recreational use.
That is why people are choosing the best hair follicle detox shampoo for a hair drug test because they want to remain at the workplace or start a new job.
Workplace Safety Regulations
Drug screenings started back in the day when President Reagan found out about reports that army in Vietnam used high levels of drugs so that they can remain alert or relax after the battle.
Therefore, he created an Executive Order that prohibited the consumption of illegal drugs by federal employees and created mandatory urine screenings in certified labs. Soon afterward, companies with federal contracts had to implement these testing requirements and regulations.
That is when numerous private companies joined the same process and created drug-free policies so that they can protect the safety of the workplace.
The primary justification was workplace safety, and it still is, even though numerous studies have shown that there is no link in drug use and workplace drug testing.
Of course, this is understandable regulation for specific, safety-sensitive jobs such as working at construction or as a forklift operator, but it is not effective the same way for office workers.
For instance, some insurance companies will offer discounts when a company decides to hire an employee after conducting drug screening. At the same time, the constant pressure from drug testing companies also created a powerful influence.
That is the main reason why most companies avoid local laws as well as public perception and consider federal regulations instead that allows them to conduct screenings and to fire due to marijuana consumption.
If you wish to learn more about workplace safety, you should check here for more information.
Is There A Way To Refuse The Test Legally?
Even though the policies and laws are here to protect both workers and companies, most state laws tend to side with companies in general. Therefore, employees have a few ways to defend themselves, but that will not provide you wide array of possibilities.
For instance, in some states, the employer requires a reasonable suspicion so that he can conduct a drug test, but that applies only to current employees, which means that it does not work for pre-employment screening.
At the same time, companies do not have to provide proof of reasonable doubt before the test, so if you take this case to the court, you will have to do it instead. They will state that the main reason for test is workplace safety, and you will be overruled.
Remember that most workplaces feature safety requirements as well as policies such as plants in airports, which means that the employer can ask the worker to conduct a drug test whenever he wants.
Of course, the employer cannot order drug test based on religion, race, and gender as the main reasons. However, generally, you will not be able to have legal standings in case you refuse to conduct a screening.
Therefore, if you decide to refuse the screening process, they will have the reason and cause to fire you without paying you severance. When it comes to pre-employment screening, they decide based on your results whether they will hire you or not.
What about Medical Marijuana?
We would like that employers can understand our needs when it comes to medical marijuana, but that is not the case at all. Most companies will not differentiate medicinal and recreational use of weed, so if you test positive for it, they will fire you without saying anything.
Everything depends on the state you live in as well as the company that you work for. Some companies will allow you to maintain the usage, but you have to inform them.
On the other hand, some states feature friendly courts, especially if you are denied or fired for using weed for health benefits.
However, we can only expect that future will bring changes in policies on federal levels so that people that consume weed due to medical reasons should be considered as people with disabilities so that they will have protection due to disability act.
To check the latest laws about medical marijuana, you should check out this link: http://www.ncsl.org/research/health/state-medical-marijuana-laws.aspx.
What Will Happen In The Future?
We can expect that most companies will continue to test for the presence of illegal drugs as well as a weed. At the same time, numerous employers decided to choose hair drug test instead of other ways because it can provide you more accurate results as well as longer detection window.
Therefore, if you consume marijuana and you wish to get a new job, it is vital to abstain entirely and to use cleansing methods such as Jerry G or Macujo so that you can detox your hair.
Still, some companies started to notice that drug screening for weed is pointless, and it is challenging to get smart and skilled employees if they insist on drug screening. Some companies decided to ditch drug tests and will not penalize anyone who smokes weed in spare time.
However, you cannot expect that companies with safety concerns that involve federal contracts or heavy machinery will always require the overall sobriety of employees.
Therefore, we can easily say that safety is most important consideration, so if you are affecting the safety of others and yourself after smoking weed on workplace, you should stop it right away.
