3. Some companies have gone as far as refusing to employ (or continuing to emplo

Question

3.Some companies have gone as far as refusing to employ (or continuing to employ) workers who these companies know engage in legal, but unhealthy activities (such as drinking or smoking) while off the job. To ensure that the employees do not engage in such behavior, the workers in such companies must agree to submit to random testing. Do you feel employers have a right to force employees to conform to such random testing? Also address how an employer would handle a situation if an employee was randomly drug tested and found to have marijuana in their system (and assume they work in a state that has recently legalized marijuana). Should that employee be disciplined or terminated? Research marijuana employment cases to help construct your response.

Explanation / Answer

Companies who have this policy of random testing have certain logic and reasoning to support it. Some of these are:

On the other hand, the substance which the employee uses is legal. Means it has been authorized by the government and therefore to use it or not is a person’s individual choice, irrespective of it being a healthy habit or not.

The company can have the policies for random testing as it is their choice based on their organizational values and priorities. Similarly, the employee has all the rights to not accept the offer if not comfortable with this clause.

However, having this random testing can have its own limitations. To list a few:

Random testing has its own perks. Some of them are:

With all of the above analysis, it feels fair for the company to set up the random testing policy. It is beneficial for the greater good of the company and society. However, the way to deal with it has to be sensitive. The company must not directly terminate or take action against defaulters as long as they have not caused any harm to the company or the society. Rather, these employees should be supported with consultations and rehabilitations in case of excessive addiction. This would also align with company’s Corporate Social Responsibility.

The employee also has to be careful and avoid usage of such stuff at work or in work premises. He may chose not to take up the job if not comfortable. He is responsible for his own actions.

As mentioned above, as an employer, cases which involve employees consuming drugs including marijuana where it is legalized, must be handled and treated sensitively. It is possible that the employee is using marijuana as a certain medication under prescription. Even if not, the employer must set up consultations with healthcare experts such as smoke cessation and alcohol withdrawal etc. In case of this employee found with marijuana, it is fair to first understand the reason behind his consumption. He should be guided and informed about the company’s’ policies. If it is consumed for medication purpose, this should be confirmed through medical experts. Sessions must be held for an expert to train him on how to conduct his self under the influence of marijuana. This is needed only if it is used as medication as taking action against such employees will affect their health and social status further instead of supporting them to recover completely. In cases where this is not consumed due to any medical reason, the organization must warn and at the same time guide the employee on the ill effects of marijuana on him as a person but also on the work, his colleagues and the company.

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