Drug Testing

Ask HR: New Hire unable to complete drug test.

Dear HR, Upon completing the new hire steps – which include a drug test – our potential new hire let us know that they were unable to provide a timely urine sample due to a medial condition. We have never had this happen before, how do we proceed with hiring?   HR Answer: DRUG TESTING—always a challenge and always grounds for suspicious behavior? Let’s face it, when it comes to whether or not someone is […]

Ask HR: Do I have a “Reasonable Suspicion” drug test situation?

Dear HR, We had a customer call and complain that when they got their vehicle back from service, half a bottle of their prescription pain medication was missing. May I drug test the employees who worked on the job?   HR Answer: Great question – DRUG TESTING is usually performed pre-employment, post-accident, for reasonable suspicion, or at random. “Reasonable suspicion” does not typically mean possible theft; generally it refers to suspicious actions a person would exhibit […]

Ask HR: How to go about Random Drug Testing?

Dear HR: I suspect a couple of my employees are using drugs, can I send them in for a random drug test? Or should I test the entire department? Or should I test my entire staff? What can I do?   HR Answer: If you suspect a certain employee is under the influence or showing signs of impairment, you may instead, opt to test a specific employee based on ‘reasonable suspicion.’ The good news is […]

Ask HR: Applicant failed drug test. Can I still hire them?

Dear HR: We just offered a position to a fantastic applicant with great experience and references. The problem is—they failed the pre-employment drug test and admitted that they had some “recreational marijuana” brownies last week. The applicant claims that they didn’t think it would be an issue since pot is legal in Oregon now. Can I still hire them?   HR Answer: The answer is maybe. Marijuana still remains illegal under federal law, so employers […]

Legislative Update: Employees and the use of Recreational Marijuana

Currently, the use of marijuana in Oregon can still cause employees to lose their jobs.  Even though recreational marijuana is legal in the District of Columbia and seven states besides Oregon—and medical marijuana is now approved in 28 states—there are currently no Oregon employment-related legal protections for using marijuana recreationally.   Oregon State laws pertaining to employment Oregon state law protects citizens from state and local criminal prosecution for using, growing, and possessing marijuana. It […]

Ask HR: New hire’s drug test is positive – Now what?

Dear HR, Our potential new hire has tested positive for THC – do I really have to wait an entire 180 days to hire my employee that has been tested?   HR Answer: Although it is our policy to wait 180 days — since you have known the new hire for some time now and your workplace requires additional help immediately, we offer an exception clause that can be used sparingly. The new hire can sign a “Last Chance […]

Seeing through the Smoke

Clarity on the Marijuana Update With recreational marijuana use becoming legal in Oregon as of July 1, 2015 the question of how this will affect employers is on the minds of many. And our answer for employers is, not much. Nothing needs to change regarding your DRUG TESTING and hiring policies – unless you choose to ease up your testing standards. The Colorado Supreme Court has made up their mind regarding the question of “can […]

Post-Incident Drug Testing

Cardinal sent out an email alert on November 7, 2014 regarding Oregon Ballot Initiate 91, which decriminalized recreational marijuana. In the alert, we advised reviewing your DRUG TESTING policies and following some suggested best practices. This article focuses on best practices surrounding post-incident drug testing. Before we delve too deep, let us review what usually happens. Often an employee reports that they have been injured and files a workers’ compensation claim. That triggers paperwork, an […]