“Seems pretty simple to me.
The job requires that you not use ________(pick a drug, or all of them).
Failing a drug test is cause for dismissal.
Put it right there on the Application.”
I predict that it will be only a matter of time before the “legal pot” states begin passing laws that state that employers may not discriminate against employees for “legal use” of marijuana during off-hours.
We may even see laws that bar employers from using drug testing altogether, or restrict such testing to those that can indicate “current impairment” (as distinguished from casual off-hours use).
What if your employer was able to test YOU for off-duty alcohol use?
Would you pass?
(BTW, I -would- pass, because I don’t drink and have never been drunk. Don’t use drugs, either, never did)
Let them. Entire industries will avoid them. I work on oil drilling locations, and yes, I'd be able to pass. I don't drink either.
As far as off-duty use goes, alcohol levels diminish more rapidly than THC. So, while the "use" might be off-duty, the effects continue.
It is a safety issue, and the Government cannot force someone to hire anyone who doesn't pass the criteria for the job.
If they could, imagine the trainwreck (perhaps literally) which would come from that.