WALL & CEILING CONTRACTORS DRUG‐FREE CARD PROGRAMSTATEMENT ON RECENT BALLOT INITIATIVE I‐502DRUG TESTING COMMITTEE
Passage of I‐502 which went into effect on December 6, 2012, does not affect this drug testingprogram in any way. The use of marijuana is still prohibited by the program’s policy whichapplies to employers and employees. If you test positive for THC (marijuana) you will beimmediately placed on “Not O.K. to Work” status and referred to the Employee AssistanceProgram (EAP).
Because of the obvious conflict between the federal Controlled Substance Abuse Act and thenew Washington laws, we can expect more developments shortly as these newly authorizedstate‐regulated marijuana markets begin to take shape.
How does this affect employers? The initiative does not change the ability of employerstomaintain their current employment policies, nor does it prevent them from creating whateverpolicies they see fit, or as negotiated / created by the Labor‐Management Committee Ifemployers do not currently allow off‐site marijuana use by employees, they can continue toprohibit it. Neither requires employers to accommodate the use of marijuana by theiremployees. A recent Washington State Supreme Court decision, Roe v. Teletech, clearlystated that Washington State employers didn’t even have to accommodate workers with adoctor’s authorization to use marijuana under Washington’s Medical Use of Marijuana Act(MUMA).
Does this affect your current drug testing policy? No. The drug testing that your companyand millions of employers around the world have been doing for decades was never based onthe assumption that the user was doing something illegal under a criminal law – instead it hasalways been based on SAFETY and the efficiency of the workforce. No one who has failed adrug test has been reported to the police or charged criminally. Nothing changes after I‐502 as far as workplace drug testing.
Drug Free Business is the program administrator. Please contact them if you have questions or need clarification.http://www.drugfreebusiness.org/phone: 425‐488‐9755