Employment test for marijuana use questioned

Washington marijuana users won’t face losing their job over a positive drug test, if a proposal under consideration in the Legislature wins approval.

Senate Bill 5517 would update the Washington law that allows employers to turn away job applicants and fire employees who test positive for marijuana in drug screenings.

The prime sponsor of the bill, Sen. Karen Keiser, D-Des Moines, said current employment laws must be changed to accommodate legalization of the drug.

“The war on drugs has had a really negative impact on so many communities,” she said. “Part of that has been almost universal approaches to drug testing.”

Keiser’s bill had a public hearing Jan. 19 before the Senate Committee of Labor, Commerce & Tribal Affairs, with attendees voicing a mix of opposition and support.

Initiative 502 legalized the recreational use of marijuana for Washington adults in 2012, making it and Colorado the first states to do so. However, the state has maintained employers are allowed to base employment decisions on the results of screening tests.

Certain exceptions outlined in the bill allow employers to retain the right to screen if they create “drug-free workplaces.” Such workplaces must have written policies, educate employees and train supervisors on the business’ drug-use tolerance. In addition, federal employees will still be subject to testing because marijuana remains illegal on the federal level.

Proponents of the bill argue the change in policy is needed because drug screenings measure exposure to the drug, not impairment.

“If we can come up with a good way to measure impairment, that’s one thing, but these sorts of pre-employment screenings are about controlling behavior when we’re not at work,” said Micah Sherman, representative for Washington Sun and Craft Growers Association.

According to the Centers for Disease Control and Prevention, urine tests can detect marijuana in the system for three to 30 days after use. Hair tests are the most sensitive, capable of detecting THC, the psychoactive element in marijuana, for up to 90 days after use.

“[Tests] only measure whether you’ve had exposure to marijuana or cannabis in the last couple of weeks,” Keiser said. “It does not connect directly to on-the-job performance.”

Opponents of the bill argue weakening drug-screening regulations will lead to more workplace accidents, with liability falling on employers.

“We’d say until a better test is available, we should err on the side of safety, particularly in high-hazard industries of construction, agriculture and others,” said Tom Kwieciak, representing the Building Industry Association of Washington.

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