Medical marijuana users may go undetected at work
GRAND JUNCTION, Colo. (KKCO) – A loophole in drug testing laws could allow employees to smoke weed, and go undetected by their boss.
By state law, employers can choose not to employ anyone who uses drugs, for any reason. Many companies, particularly where workers operate heavy machinery, randomly drug test employees.
But the lab, or medical review office (MRO), that determines the results, could be keeping workers with medical marijuana cards, under wraps.
“In Colorado, there is no law that says MRO’s must report a positive marijuana test, if the employee shows medical marijuana registry card,” says Cheri Vandergrift, an attorney at the Mountain States Employers Council.
That means the decision is left up to the lab. If an MRO decides to classify medical marijuana the same way as a prescription drug, than a positive test result won’t be reported to the boss.
“There are no regulations at this point. There’s no guidance,” says Debbie Riggle of the Community Hospital.
The Community Hospital conducts drug tests for companies, but their policy is to report marijuana use…card or not. “We will report the positive result and fact they have medical marijuana card,” says Riggle, who oversees the testing.
The only exception to the loophole is pilots and truck drivers needing CDL licenses. In those situations, the MRO must report any marijuana detected.
But federal Department of Transportation rules don’t apply to construction workers operating heavy machinery. Even though safety sensitive jobs do prohibit any kind of drug use, companies need to take extra precaution when it comes to medical marijuana.
“They need to look around for an MRO that’s going to report the kind of information that they want and need, so that they can have a safe workplace,” says Riggle.
Employers simply asking the lab how it discloses medical marijuana results in an employee drug test, could prevent a potentially dangerous situation.
From nbc11news.com, June 25th, 2010, Reporter: Kelly Asmuth