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Ever wondered what happens when someone tests positive on a workplace drug test? Or how marijuana legalization affects employer testing policies? Drug testing expert Joe Riley pulls back the curtain on the often-misunderstood world of workplace drug screening in this comprehensive exploration of rights, regulations, and realities.
With 30 years of industry experience, Riley addresses the confusion surrounding marijuana testing in states where recreational or medical use is legal. Despite shifting public attitudes and state laws, employers generally maintain the right to test for marijuana—especially in safety-sensitive positions. For DOT-regulated jobs like truck drivers and airline pilots, federal regulations trump state laws, meaning zero tolerance policies remain in effect regardless of local marijuana legislation.
The conversation delves into the critical distinction between drug testing and impairment testing. Unlike alcohol breathalyzers that measure current intoxication, marijuana tests can only confirm past use without indicating when consumption occurred or current impairment. This limitation creates significant challenges for both employers implementing fair policies and employees navigating their rights across different regulatory environments.
Riley also illuminates the essential roles of Medical Review Officers (MROs) and Third-Party Administrators (TPAs) in creating legally sound testing programs. These professionals help employers avoid costly mistakes like inconsistent policy application or improper handling of positive results. From collection procedures to confirmation testing, each step must follow precise protocols to withstand potential legal challenges.
Whether you're an employer developing a drug-free workplace program, an employee trying to understand your rights, or simply curious about how drug testing works, this episode provides invaluable insights into a complex system that affects millions of American workers. Subscribe to hear our upcoming interviews with more industry experts as we continue exploring workplace compliance issues that impact businesses and employees nationwide.