After the 2020 elections, the state of Oregon made history by becoming the first to decriminalize possession of hard drugs like heroin, methamphetamine, LSD and others. Using hard drugs in that state will no longer result in a criminal record, but are employers expected to change their drug testing or hiring policies?
Jared Rosenthal, the founder and CEO of Health Street — a New York City-based company that performs drug tests for employers — says employer-policies around drug testing will still be up to individual company discretion and local laws. Oregon-based companies, and those with employees living in the state, for example, are still within their rights to screen their workforce for illicit drugs. That’s unlikely to change even if more states and municipalities adopt similar legislation.
“I think decriminalization is definitely a trend that’s going to continue,” Rosenthal says. “But as an employer, you do need to pay attention to local laws and how the testing process works to inform your decisions.”
Depending on the jurisdiction, potential employees may be denied a job role or fired if they test positively for illicit drugs. Fifty-six percent of U.S. employers require potential employees to pass a drug test before employment, according to the research firm Statistic Brain. But if an existing employee approaches their employer asking for help with a drug problem, the company is required by the Americans with Disabilities Act to connect that employee with resources, and allow them to use time off to participate in a recovery program.
With substance abuse rates on the rise during the pandemic, employers have been increasing their drug testing, according to Rosenthal. Rosenthal’s company tests thousands of employees for substance abuse throughout the U.S. and Canada. With these new changes, he shares six things employers should know about drug testing their workforce:
