Discussion Will employers be able to maintain a drug-free workplace? litigation of a different sort: lawsuits caused by impaired employees that involve injuries or deaths among fellow employees or the general public. Background The need for drug testing to keep employees drug-free originated An aircraft accident on with an aircraft accident on the USS Nimitz in 1981 that killed 14 the USS Nimitz in 1981 people, injured 48, destroyed 7 planes, and damaged 11 more at a killed 14 people, injured cost of $150 million. Marijuana was a contributing factor: 6 of the 48, destroyed 7 planes, dead had metabolites of the drug in their bodies. A Department of and damaged 11 more at Defense survey of military personnel the year before had shown that a cost of $150 million. 28 percent of service members used an illegal drug in the past 30 Marijuana was a days; in some units, use was as high as 38 percent. The military contributing factor: 6 of began developing and implementing drug-testing programs to reduce the dead had metabolites use among service members. By 1985, past-30-day drug use among of the drug in their bodies. military personnel had dropped to 10 percent; by 1988, to 5 percent. Based on this unfolding success in the military, President Reagan issued an executive order that mandated drug testing for all federal Various federal civilian employees in 1986.35 laws require all employers to Two years later, Congress passed legislation requiring contractors provide a safe and and grantees that receive federal money to maintain drug-free healthy work workplaces. The Drug Free Workplace Act does not require drug environment and those with certain testing; however, various federal agencies do. For example, the Department of Defense and the Department of Transportation safety-sensitive require drug testing for employees in safety-sensitive jobs in the jobs or who have military and the transportation industry.36 federal contracts or grants to maintain a Must employers required by DOT to drug-test workers in safety- drug-free sensitive jobs exempt those using medical marijuana? workplace. Employers whose The scenario above is similar to an actual case currently being businesses are litigated in New Jersey. New Jersey Transit is required by the to public Federal Railroad Administration and the Federal Transit safety and security must be able to ensure their employees are not impaired while at work. Otherwise, employers face
Discussion Will employers be able to maintain a drug-free workplace? An aircraft accident on the USS Nimitz in 1981 killed 14 people, injured 48, destroyed 7 planes, and damaged 11 more at a cost of $150 million. Marijuana was a contributing factor: 6 of the dead had metabolites of the drug in their bodies. Various federal laws require all employers to provide a safe and healthy work environment and those with certain safety-sensitive jobs or who have federal contracts or grants to maintain a drug-free workplace. Employers whose businesses are to public safety and security must be able to ensure their employees are not impaired while at work. Otherwise, employers face litigation of a different sort: lawsuits caused by impaired employees that involve injuries or deaths among fellow employees or the general public. Background The need for drug testing to keep employees drug-free originated with an aircraft accident on the USS Nimitz in 1981 that killed 14 people, injured 48, destroyed 7 planes, and damaged 11 more at a cost of $150 million. Marijuana was a contributing factor: 6 of the dead had metabolites of the drug in their bodies. A Department of Defense survey of military personnel the year before had shown that 28 percent of service members used an illegal drug in the past 30 days; in some units, use was as high as 38 percent. The military began developing and implementing drug-testing programs to reduce use among service members. By 1985, past-30-day drug use among military personnel had dropped to 10 percent; by 1988, to 5 percent. Based on this unfolding success in the military, President Reagan issued an executive order that mandated drug testing for all federal civilian employees in 1986.35 Two years later, Congress passed legislation requiring contractors and grantees that receive federal money to maintain drug-free workplaces. The Drug Free Workplace Act does not require drug testing; however, various federal agencies do. For example, the Department of Defense and the Department of Transportation require drug testing for employees in safety-sensitive jobs in the military and the transportation industry.36 Must employers required by DOT to drug-test workers in safety- sensitive jobs exempt those using medical marijuana? The scenario above is similar to an actual case currently being litigated in New Jersey. New Jersey Transit is required by the Federal Railroad Administration and the Federal Transit
What_Will_Legal_Marijuana_Cost_Employers-Complete-1-2015.docx