Ok Chesapeakers. With SQ 788 passing. Don’t become a victim. If you follow the law and your doctor writes a recommendation for you to use medical m-r-j-a-a to treat your ailment, and you get terminated. Then contact an attorney for wrongful termination and discriminating against your medical condition. You are covered under the ADA. You legally do not even have to disclose you are taking this unless it can effect the safety of others during your “normal” day activities. Again this is protected under the American Disabilites Act. Don’t be lied to. If you suffer in any way, contact an employment attorney immediately. I have already secured and consulted with mine. If you want to consult one as well contact Mazaheri Law Firm.
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I don’t know why but I feel like I need a cheeseburger
The real issue here is why does Chesapeake pay a person a managers salary when their only job is to work on the drug and alcohol policy. This can’t be common practice in the industry. What is there possibly to do on a weekly basis in regards to drugs and alcohol?! What a waste of money. That’s like having an employee who’s only job is to manage the dress code. I want to be the manager of speeding. I’ll just make sure no one speeds all week and if they do I will discipline them. Oh we already do that without the need of a full time manager?!
This will be no different than alcohol. Do you drink a beer or shot of whiskey before you go to work? NO! Do you have any during lunch? A beer or two on occasion! No one is getting drunk either before or during work and the same will be with this. People need to get over themselves and quit assuming the worst. What happened to assuming Positive intent?
Technically yes it is the metabolized by product but it’s listed as THC on a test. Sorry to tell you this but the presence of 50 ng/ml is legally considered impairment. If you get into an accident or are part of a random pool and pee over the number, you’re toast. 788 won’t save you my friend because the company has an obligation under Federal law to provide a drug free workplace. That’s the problem and will continue be a problem until the states and Feds line up. Now if you will excuse me, I have get on a flight to Denver.
Agreed. There is no established impairment level. People metabolize it differently based on numerous factors from their own body composition to how the substance was delivered (smoked, vaped, edibles, etc). The initial impact is immediate but the levels in the blood drop off drastically fast. The problem companies are going to have is trying to prove impairment because it showing on a drug screen does not prove impairment but rather that you have used it within the last several days. The best thing companies can do to protect themselves is to not even test for it all and if you witness someone acting completely impaired then take action. But NEWS FLASH. We are already doing it and it’s not an issue. Some of us have even received exceeds on there end of year review. The stupid ideology that you are going to easily identify a user is beyond belief. Your not identifying us now. LoL. Lucky for us though the State Law is on our side and now we can sue for discrimination of our medical issues. And yes I have already sought legal council on this and I am ready for a big payout if I get descriminated against.
I think that the 50ng/ml isn't actually for THC, but for the metabolized byproducts of THC. Drug tests don't actually test for THC content if memory serves correctly. Measuring THC content IN somebody's blood to prove impairment is actually quite difficult. Typical drug tests for THC are extremely useless because they can go back a month. With CHK being an OK corporation, they must comply with state law, which 788 CLEARLY states a patient cannot have any action taken against them for being a patient, or for the presence of THC metabolites in a drug screen. The DirecTV case in CO was interesting because they ruled in favor of DirecTV. However, I'm pretty sure CO's laws didn't offer non-discrimination protection like 788 does. DirecTV is also a national company. My guess is that CHK will likely register to a PO box in Delaware so they can continue to discrimate against patients that use cannabis to increase their quality of life. You can still legally be high on oxyconttin, Adderall, Xanax, Valium, methadone, Subutex, and a myriad of other deadly drugs at work, provided you've got a prescription.
You cannot be impaired at work, period. How do you define impairment? With alcohol, that’s easy. With THC, any amount over 50 ng/ml is considered impaired. So there lies the issue and potential danger for an employee. The Federal response or law has not changed and companies are locked in whether you like it or not. Be careful my friend.
The ADA does not protect against what the federal government has deemed an illegal substance. This has been tried in court multiple times. However the State will protect the employee under the current State law from being discriminated against. It can go as far as the State Supreme Court and they have ruled time and time again in favor of the employee. So if they try to take action against a medical user then they will face a lawsuit and the Company will loose.
In regards to reporting prescriptions. I’ve said the same thing for years. I don’t tell them anything because i don’t have too. The ADA and the EEOC protect me. People need to educate themselves.
To require disclosure, each of the three elements must be established:
the employer must be one that affects public safety;
the employee must be in a position affecting public safety; and
the nature of the medication required to be reported must be one that affects the employee’s ability to perform their essential functions, resulting in a direct threat.