Bernalillo County, encompassing Albuquerque and home to approximately 672,000 residents, has recently amended its Drug and Alcohol-Free Workplace Policy. The county commissioners unanimously voted to exclude marijuana—when used legally off-duty for medical or recreational purposes—from its definition of illegal drugs. Consequently, most public employees will no longer undergo pre-employment or random workplace testing for marijuana.
While this policy shift aligns with actions taken in other municipalities such as Atlanta, Cleveland, Philadelphia, and St. Louis, as well as states like California, Connecticut, and New York, it raises significant concerns regarding workplace safety and productivity. The National Institute on Drug Abuse (NIDA) reports that employees who tested positive for marijuana had 55% more industrial accidents and 85% more injuries compared to those who tested negative.
Furthermore, the absence of reliable testing methods to determine current impairment from marijuana use complicates the enforcement of workplace safety standards. Unlike alcohol, marijuana metabolites can remain in the body for extended periods, making it challenging to assess whether an employee is under the influence during work hours. This issue has been highlighted by workplace safety experts, raising concerns about potential liability for employers.
The decision by Bernalillo County also sets a precedent that may influence other counties in New Mexico. However, it’s important to note that the state’s Cannabis Regulation Act does not prohibit employers from maintaining drug-free workplace policies. Employers retain the right to discipline employees for being impaired by or possessing marijuana on the job, as noted in guidance from the Employers Council.
The implications of similar policy changes in other states are concerning. For instance, in Vermont, a medical marijuana user was terminated from his job after testing positive for cannabis and was subsequently denied unemployment benefits. This case highlights the potential legal and ethical dilemmas employers face when balancing employee rights with workplace safety.
Moreover, the trend of removing marijuana from drug testing panels has been linked to increased instances of employees attempting to subvert drug tests. A report by Quest Diagnostics indicates that workers are cheating on drug tests at the highest rate in more than 30 years, with marijuana being the most commonly detected substance.
One more thing the tax payers will be on the hook for, the lawsuits will be through the roof for any bad outcomes from accidents involving government vehicles and a positive THC test or someone dying while under the care of a paramedic and deemed the fault of the care given, real or contrived, if there is a positive test there will be lawsuits aplenty and we will have to pay for it.