This is WONDERFUL news. Only downer is it came a bit too late for me. I retired in February 2021 after dealing with hospital's drug testing for 27 years as a Respiratory Therapist. I'm happy for all current and future medical professionals though. IT'S ABOUT TIME!!
In all honesty if they have a problem with a drug test they'll just find another reason to say they don't want to hire. If they have another person in the mix to hire that comes up clean what would stop them from hiring that person instead of someone that comes up as some one that partakes. Every job the hiring process is about discrimination. The people that don't get the job got discriminated for some reason and who thinks a hiring manager would say it's because they use...Just a perspective being a devil advocate
@goldtop: In full view of this new legislation, wouldn't it be discriminatory to be administering a marijuana test at all? Unless of course its the oral swab which can be used as an indicator to determine if the employee is high while at work. Maybe I'm a dreamer but I would hope that this legislation would eliminate marijuana testing as a condition of hire or continued employment. But of course if an M.D. or any other employee suspects that an individual is high at work, they could administer the oral swab test. Again, I may be a dreamer, but responsible marijuana users should not be punished for the mistakes of irresponsible users. What is the difference in punishing a responsible user for testing positive and saying that anyone who drinks alcohol should have their driver's license revoked because some people drive drunk and kill people?
I agree. I just know the hiring process from being a manager and being in hiring meetings that everyone that didn't get the job got discriminated against in some way for some reason. Not qualified...didn't think they'd be a fit...didn't like them at all even though they're qualified. Thinks they're a stoner without evidence...people in positions of hiring are looking for issues upfront. It's hard to make a case when you don't really know why you weren't hired because they will never really tell you why. Just thank you for your interest in the position but we can't offer you the position at this time. Thank you...etc
Did they actually back then tell you they didn't hire you because of a failed drug test? Was that a part of the hiring agreement that you needed to pass one? If so they were upfront about the expectation. I don't agree with it but that is the reality of it. One of the many reasons I went to work for myself.
@goldtop: I will explain, only because it's quite complicated. In December 2016 - February 2017 I did a three month contract at Memorial Medical Center in Redding, CA. I say "contract" because my employer was actually Titan Medical, a medical employment agency. I had to pass the piss test in 2016 in order to work for Titan. Can't remember now but likely I drank a cleansing drink obtained at a head shop in order to pass. I've done it many times. Fast forward to September 2017. Heather, the Respiratory Therapy Manager at Memorial Medical Center, loved my work and she requested that Titan Medical have me return for another three month contract. In fact, she wanted to extend me in February but I had other obligations, specifically an On Call position at Kaiser Redwood City which had informed me that they now had some work for me. Anyway, even if you have drug tested with Titan within the past year, they consider a new contract a completely new employment assignment therefore they informed me that I would have to test again. Again, I drank the cleansing drink. Thinking that "I am through with this BS", I took the train up to the Giants game with a buddy the next morning and didn't even think twice about getting a nice buzz going on the way up with a THC edible. BIG MISTAKE. Later that same day Titan informed me that my urine test showed NOTHING at all, no electrolytes, nothing. Titan said, "You probably drank too much water. You'll have to test again." UGH. In other words, the cleansing drink had worked TOO well. At this point I just said, "F*** it" because I was NOT going to drink the cleansing drink again. Having just used, of course I failed the test. Titan called me and said, "One strike, you're out. You can never work for Titan Medical again."
Now isn't that indicative of how stupid and ridiculous this entire policy is? I had a Manager, Heather, who knew damn well that I was an excellent Respiratory Therapist. She told me that she had compliments from Doctors and Nurses about my work. However, apparently, NONE OF THAT MATTERS. I was denied employment because ON MY OWN FREE TIME at home I used a natural herb that is legal in that same State, and Memorial Medical Center was denied a good caregiver whom they had experience with.
FYI, those cleansing drinks are extremely unhealthy and I have evidence to prove it. In 2020 I did both a physical with an M.D. and a drug test as a pre-employment screen. I drank the drink again and passed the test. However the M.D. informed me, "Your urinalysis showed both blood and glucose in your urine, both of which are abnormal. I'm going to pass you, but I am recommending that you follow up with your regular M.D. and have another urinalysis next week." I did. The urinalysis the following week showed NO blood or glucose in my urine, proof positive that the cleansing drink was so strong that it threw off my body chemistry.
Have I said yet that drug testing is a ROYAL PAIN IN THE ASS? Not only that, it's an invasion of my privacy according to the U.S. Constitution. 4th Amendment:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Oh just one more thing: I wish that upper management who make these hospital drug policies would stop and think for a minute what it's like to hold lives in your hands on 12 hour night shifts for three consecutive nights. Only to be told that on my days off I am not allowed to partake of a natural herb which is legal in that State to relieve my stress and relax me enough to sleep at night.........after being up all night for three consecutive nights. I sincerely doubt that a VP sitting in an office somewhere for two or three times my salary is taking a hard look at that.
Oh just one more thing: I wish that upper management who make these hospital drug policies would stop and think for a minute what it's like to hold lives in your hands on 12 hour night shifts for three consecutive nights. Only to be told that on my days off I am not allowed to partake of a natural herb which is legal in that State to relieve my stress and relax me enough to sleep at night.........after being up all night for three consecutive nights. I sincerely doubt that a VP sitting in an office somewhere for two or three times my salary is taking a hard look at that.
I wish to the highest manager in the land (a fellow by the name of Joe Biden) would take the initiative to end this absurd and useless war on Cannabis once and for all.....
Jumping in w/a question because I just had a seminar on the various tests for what drug, when to administer, etc. Your story sounds unnecessarily restrictive, but it's their loss. Is there a test that tells whether an employee is using THAT day on shift?
BTW, the 4th Amendment only applies to government invasion of privacy. Private employers just have to steer clear of EEOC claims. Also, don't assume that VP doesn't partake; they do.
@cyclone88: From the article I originally posted:
"No employee deserves to feel stigmatized and unsafe at work because of an outdated testing method,” Araby said. “There are much more accurate, modern-day cannabis testing methods, like oral swabs, that are able to detect recent use and increase workplace safety.”
