Tina Hamilton’s column: Should employers still test for marijuana? It depends, Lehigh Valley bosses say

I remember growing up in Northeast Philadelphia back in the ’70s — the hippies would smoke weed behind the shopping center half a block from my house. Only 10 at the time, I was scared of them; it seemed like they were criminals. They would also have rallies and events with signs to legalize marijuana. My feelings certainly changed as I grew up and, like many teens at that time, was around marijuana more often. But we never expected it to be legalized.”

Almost 50 years later, marijuana is being legalized in various forms across the country. Here in the Lehigh Valley, medical marijuana is legal. All signs point to the eventual passage of recreational marijuana.

As these laws are passed around the country, workplace laws are beginning to adjust. According to the Society of Human Resource Management, Nevada Gov. Steve Sisolak recently signed a bill that will make it unlawful for employers in the state to refuse to hire job candidates who test positive for marijuana, starting next year.

Not all jobs are covered under the ban. Employers can still screen and refuse to hire applicants who test positive for marijuana for jobs as drivers, firefighters and emergency medical technicians. Employers also may screen hires for certain safety-sensitive positions and jobs with the federal government.

The story also notes that lawmakers in New York City approved a similar law that will take effect in 2020. “Prospective employers don’t test for alcohol, so marijuana should be no different. But in no way does this bill justify individuals going to work under the influence,” said Jumaane Williams, New York City’s public advocate and the legislation’s sponsor.

Today, employers must ask themselves if they should consider loosening their testing for positions that do not require handling equipment, driving, caring for children, and so on. I interviewed some Lehigh Valley companies to learn their thoughts.

Andy Plank, president and founder of Blue Eagle Logistics in Upper Macungie Township, said federal regulations require drivers to pass drug tests and submit to random tests, so marijuana legalization is not changing Blue Eagle’s practices.

“Drivers need to comply and to want to be safe. Safety has to be the first thing we think about,” he said.

He doesn’t know about office staff. His ethical dilemma: Why would you hold one set of employees to one standard and another set to another?

He shares the concern, however, that if a driver tests positive for marijuana but hasn’t used it on the job, that employee is lost. Given the nationwide shortage of truck drivers, and the mainstreaming of marijuana, it’s a legitimate issue.

Stances can change easily, however, depending on the industry. Denis Aumiller is managing director at Lehigh Mining and Navigation, a leading marketing agency in downtown Allentown. “We don’t employ bus or truck drivers or workers on an active construction site who are in a position to impact public safety,” Aumiller said. “Public safety is not a factor. We have people working in an office interacting with other employees and clients.”

They deal with completely different criteria. “We’re a small creative firm, not a law firm. Creative people tend to be more empathetic and open-minded. We’re accepting of different lifestyles.

“We ask ourselves: will substances, activities or personal choices impact the work environment or the work product? As long as those off-hour activities don’t interfere with their work or client relationships, we have no business overseeing those choices.”

He said LM&N does not test. As a small company with daily interaction among all employees, they’re aware when problems arise. “When we’ve recognized potential issues in any serious regard, we’ve worked with HR professionals to sort out the problem and make prudent decisions,” he said.

At myHR Partner, we recommend that employers drug test any time there is a workers’ compensation issue. This way if the injury was drug related, the company is not on the hook for expensive costs for an injury that was preventable.

For employees working in Pennsylvania, know that marijuana use is still illegal federally and an employer can terminate you even if you have a medical marijuana license. Keeping this in mind and making good choices will prevent you from the embarrassment of testing positive at work and the potential loss of your job and having it on your work record.

Tina Hamilton is president and CEO of myHR Partner Inc., a Lehigh Valley human resources outsourcing firm that manages HR for clients in 26 states. She can be reached at tina@myhrpartnerinc.com.