Laws Surrounding Drug Testing Vary by State and Continue to Change

By -
As of the most recent election cycle, 26 states and the District of Columbia have permitted either recreational or medicinal use of marijuana. Contractors and employers will be faced with evaluating their drug policies and must be aware of what the courts have to say about the matter.
It’s important to remember that while states have legalized its use, marijuana is still illegal under federal law. This means that contractors working under a government contract or for a federal employer are prohibited from using marijuana in any way – even for medicinal purposes. This counts for both on-site use as well as off-site or at-home use.
While federal law makes it clear that an employee who fails a drug test while working under government contract or for a federal employer can be fired by the roofing contractor, the laws vary by state. Two issues up for continued discussion include handling employees who arrive at the job site under the influence of marijuana and the employer’s right to a zero-tolerance drug policy.  A number of states have upheld employers’ rights to implement and enforce zero-tolerance drug policies.
Safety at work and on the job is of utmost importance. Marijuana use can cause impairment of the user’s motor functions and that person should not be operating machinery, vehicles or other types of equipment that could put themselves and others at risk. There is not yet a method to determine if someone is currently under the influence of marijuana; testing only indicates whether marijuana was used over a certain time period, typically within the last 30 days.
Even though states have upheld the employer’s rights for disciplining employees who fail drug tests for marijuana use, employers should still be following how states continue to respond to the new recreational and medicinal use laws as this can change over time.

 Author’s note: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.
By Trent Cotney for RoofersCoffeeShop.com
Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A. 
8621 E. Dr. Martin Luther King, Jr. Blvd
Tampa, FL 33610

Comments

Post a Comment

Popular posts from this blog

The Dotted Line: When Contractors Can Walk Off the Job

By -
When general contractors or subcontractors sign on to construction projects, they usually start off believing everything will run smoothly. But, during the course of the work, issues sometimes arise that force all parties to go running back to their contracts in order to evaluate their options. One of those options for construction companies is to simply stop work, but contractors need to take care when making such a big decision. “Stopping work and ultimately terminating the contract is one of the most radical things you can do,” said Joseph McManus Jr., attorney and shareholder at law firm Carlton Fields.   Luckily, most of the circumstances under which contractors are clearly entitled to stop work are included in the most popular standard forms of contracts. Nonpayment The most common reason that contractors find it necessary to stop work, McManus said, is that they haven’t been paid for approved invoices. In that scenario, he said, contractors have the ...
Read more

"Mass-timber" Sees Greater Use in Roofing and Construction Projects in Europe

By -
Image
The use of "mass-timber," or prefabricated engineered wood components is becoming more common in construction and roofing applications in Europe. In projects such as the galleria roof of a central city building in Surrey, it helps meet demand for wood structures to add visual appeal. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 N. Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com
Read more