Workplace investigations and drug testing.
During a recent workplace investigation, I encountered a unique situation involving an employee who tested positive for prescription cannabis. This had never occurred before in the client’s business, prompting me to share some valuable insights and lessons learned.
Here are the key points to consider:
- Make sure you have a policy on drug and alcohol use in the workplace: This is appropriate for all businesses not just big industrial ones. I have come across a number of sizable high-risk businesses where there is no policy in place which has inhibited the business to take appropriate action post incident.
- Update Policies and Procedures: It is crucial to review and update your organisation’s policies and procedures to include provisions for medicinal cannabis. This refers to cannabis that is prescribed as medication by a general practitioner (GP). By explicitly addressing this issue, you ensure clarity and guidance for employees and management.
- Increasing Prescription Use: With the growing number of community members receiving prescriptions for medicinal cannabis, it is highly likely that this issue will arise in various situations, such as surveillance programs (random testing), incidents requiring ‘for cause’ testing (usually post incident or if someone is behaving erratically), and pre-employment screenings. Anticipating this trend will help organisations be better prepared.
- Balancing Practicality and Safety: Developing a practical procedure that ensures employees, contractors, and visitors are in a non-impaired state while working poses a significant challenge. It requires finding the right balance between accommodating medicinal cannabis use and maintaining workplace safety.
- Testing Methods: In this particular case, the client’s process solely relied on urine analysis for THC detection, in contrast to other policies I have encountered that utilize saliva tests. Understanding the different testing methods and their effectiveness is crucial when determining the most suitable approach for your organisation.
- THC and Non-THC Types: THC, the active ingredient found in many forms of medicinal cannabis, is fat-soluble, leading to a longer half-life compared to water-soluble illicit drugs such as cocaine. As a result, THC can be detected at low levels for weeks after use.
- Impairment Quantification Challenges: Due to the difficulties in quantifying impairment, many policies are written in a way that considers any level of THC detection as a policy breach. Given the complexities involved, it becomes critical to align testing regimes with standards set by authorities such as the police and regulatory bodies.
- Alignment with Roadside Drug Testing: For instance, when the police conduct roadside drug testing to determine driver impairment, they generally employ a saliva test. In New South Wales (NSW), the police use a DrugWipe 3S kit for the initial screening, which tests oral fluid by wiping the tongue. If a non-negative result is detected, a secondary test with greater sensitivity and drug type identification is conducted.
In conclusion, drug and alcohol policies can quickly become outdated, requiring regular review to ensure they align with the business’s risk profile and community standards. These considerations become even more crucial when disciplining or terminating employees, as questions related to policy compliance are likely to arise in litigation proceedings. By staying informed and proactive, organisations can effectively navigate these complex issues. Please contact me if you have any questions or put your thoughts in the comments section below and I will respond.