Marijuana on the job

[Industrial Toys]

I think I almost died twice in my life by accident. Both times were caused by a heavily intoxicated boat captain.

 

[Diggin It]

This is why I have a problem with the way so many laws are written and applied. A driver is sitting stopped at a red light. Another car fails to stop and hits the first car from behind. During the investigation, Driver 1 (who was stopped) is determined to have a slight odor of alcohol and is given a field test which they pass, but a chemical test shows a BAL over the limit by measurement. Driver 2 does not. Who goes to jail?

 

[Gary Fowler]

Insulin? BP meds? Nitro or other Heart meds?

Most companies have a policy that requires you to bring in your meds for examination. If they are stuff like BP meds, insulin, heart meds, etc. that dont impair you by taking them (but may impair you if you dont take them), they will let you keep them onsite if needed and take them as prescribed, but drugs that impair your bodily functions to the extend that you are not in complete control of your actions will be banned for use onsite AND your body must be free of them if you have a random drug test. MOST prescription drugs wont show up in a random drug test unless they are of the opioid nature or other illegal types that are test specific. The problem with MJ use is that it will stay in your pee test for up to 30 days if you are a daily user since the MJ drug concentrates in the fatty tissue (including brain matter) so the more you use the longer it stays in the system. There will be a need for a different test to determine if you are high from smoking (or eating) it rather than a pee test which just shows that you have used it recently.
I have been out of the business for about a decade now so there may already be such a test. Alcohol, barbiturate and opioids are easily detected.

 

[Diggin It]

I'm sure there's a GovSpeak Legalese version out there, but I find this one in real people speak:

"Knowledge of your rights is the most powerful weapon you can wield when facing medical discrimination. In most cases, an employer cannot ask specific questions about which prescription drugs you are taking. This is due mainly to provisions within the Americans with Disabilities Act, which seeks to protect employees from discrimination by employers based on medical information, whether or not they have a disability.

Job Status

According to the U.S. Department of Labor, your job status has a considerable impact on what an employer may ask you. A company or organization cannot ask any medical questions, including questions about prescription drugs, during an interview or at any point before you have a conditional offer of employment. After you have the offer, the employer may ask you only medical questions that are relevant to your job functions, and the questions asked must be identical for all new employees with similar job functions.

EEOC Guidelines

The Equal Employment Opportunity Commission maintains and enforces guidelines for employers based on the Americans with Disabilities Act and subsequent court cases. The EEOC requires that any questions asked by employers about disability or medical information are "job related and consistent with business necessity." Furthermore, an organization may not ask about which prescription medications an employee is taking unless that employee is in a position that may directly affect public safety. In this case, the prescription medications in question must hinder their ability to perform their duties and pose a considerable risk to public safety. For example, a tractor-trailer trucking company could require its drivers to disclose prescription medications that would affect their ability to drive on public roads, but a manufacturing company could not ask its office administrator any questions about prescription medication."
​

Does My Employer Have the Right to Ask Me What Prescriptions I Take? - Woman

 

[Diggin It]

"Employers cannot decide who to hire and fire based on disabilities, including those that are indicated by the type of medicine you take. In most cases, it will not be appropriate, legally speaking, for an employer to ask about your use of prescription drugs. There are exceptions, including positions where the drug's side effects could cause danger to yourself and others or hamper your ability to perform the specific elements of the job."

"Exceptions Where the Job Poses a Safety Risk

The Equal Employment Opportunity Commission, which overseees the ADA, has issued specific guidance on this issue. The primary test is whether your use of prescription medications would present a safety risk to yourself or others. The EEOC uses the example of police officers if a prescription drug causes side effects such as drowsiness or loss of concentration, this could pose a significant safety threat when the police officer is handling firearms or driving a pursuit vehicle at high speed. Office workers, by contrast, are unlikely to face job-related safety risks associated with the side effects caused by prescription medications. So, for the vast majority of jobs, an employer will not be not permitted to ask you about what prescriptions you take. If he does, you are not obligated to provide the information.

Putting Your Job to the Test

Unfortunately, the EEOC does not provide a list of safety-sensitive jobs in which an employer can legally look into your medical information. It's likely that operating heavy machinery and construction equipment such as cranes would fall into this category, because certain side effects could adversely affect your ability to operate the machines safely. Some industries have their own laws. The Federal Motor Carrier Safety Act, for example, gives employers the right to ask drivers of commercial vehicles about their use of prescription drugs, and the Federal Aviation Administration has issued similar guidance to airlines and their pilots. For most jobs, it should objectively be clear whether there are significant safety elements attached. If there are, an employer would be within her rights to ask you to disclose your medications."​

Does My Employer Have the Right to Ask Me What Prescriptions I Take? | Chron.com

 

[ultrarunner]

Many years ago I was on a smaller pleasure cruiser on the Danube. Every morning the captain and crew started the day with a shot of Vodka followed by a mug of Beer. The only disruptions noted were tourists running into waiters carrying a full tray of food.

Yep... the European good life... alcohol was expected and even included in collective bargaining agreements.

I have been stopped several times leaving a Beer Tent of Dorf Fest... each time I am asked how many beers I have had and I answer NONE... they often find this hard to believe since I left a beer tent... but I just went to meet friends... and my idea of fun is not getting compromised in a foreign country...

When pressed I said I had a coke or Almdudler… which was true...

Almdudler - Wikipedia

 

[ultrarunner]

Most companies have a policy that requires you to bring in your meds for examination. If they are stuff like BP meds, insulin, heart meds, etc. that dont impair you by taking them (but may impair you if you dont take them), they will let you keep them onsite if needed and take them as prescribed, but drugs that impair your bodily functions to the extend that you are not in complete control of your actions will be banned for use onsite AND your body must be free of them if you have a random drug test. MOST prescription drugs wont show up in a random drug test unless they are of the opioid nature or other illegal types that are test specific. The problem with MJ use is that it will stay in your pee test for up to 30 days if you are a daily user since the MJ drug concentrates in the fatty tissue (including brain matter) so the more you use the longer it stays in the system. There will be a need for a different test to determine if you are high from smoking (or eating) it rather than a pee test which just shows that you have used it recently.
I have been out of the business for about a decade now so there may already be such a test. Alcohol, barbiturate and opioids are easily detected.

We had an Occupational Med Clinic onsite for many years and much of what they did was drug testing for Commercial Drivers...

A poppy seed bagel would often be enough to test positive.

 

[Industrial Toys]

It's funny. There was some issue over Unionized healthcare workers getting their flue shots or not. I don't remember the exact delemma but it surrounded their privacy to have to devulge their medical history, so it became a catch 22 situation.

 

[ultrarunner]

Yep... the flu shot has been controversial at times...

 

[Jstpssng]

^^^^
Other vaccines have also become controversial in recent history, negating almost a century of work; How about a little smallpox, scaredycrow?