zibazinski
Community Leader
Joined: Dec 24, 2010 16:12:50 GMT -5
Posts: 47,912
|
Post by zibazinski on Sept 30, 2014 10:38:50 GMT -5
Just wondering: how is it handled in Washington and Colorado where it's legal? I think even if its legal, if your place of business says NO, it's NO. I'm thinking we will become legal. DF doesn't want his shop guys to be high anymore than he wants them drunk. It's dangerous to them and their co-workers.
|
|
Ombud
Junior Associate
Joined: Jan 14, 2013 23:21:04 GMT -5
Posts: 7,601
|
Post by Ombud on Sept 30, 2014 10:40:24 GMT -5
Can they discriminate in the hiring process?
|
|
Firebird
Senior Associate
Joined: Dec 29, 2010 12:55:06 GMT -5
Posts: 12,452
|
Post by Firebird on Sept 30, 2014 10:40:35 GMT -5
Just wondering: how is it handled in Washington and Colorado where it's legal?
In California, it's only legal if you have a medical license. You test positive, show your license and you're fine.
Obviously you can't be smoking before or at work - not sure how that is handled. The test may be able to detect when you last smoked it now, I'm not sure.
|
|
Ombud
Junior Associate
Joined: Jan 14, 2013 23:21:04 GMT -5
Posts: 7,601
|
Post by Ombud on Sept 30, 2014 10:41:33 GMT -5
Isn't recreation use legal in Colorado?
|
|
Firebird
Senior Associate
Joined: Dec 29, 2010 12:55:06 GMT -5
Posts: 12,452
|
Post by Firebird on Sept 30, 2014 10:42:06 GMT -5
Not sure. I was just talking about California.
|
|
hoops902
Senior Associate
Joined: Dec 22, 2010 13:21:29 GMT -5
Posts: 11,978
|
Post by hoops902 on Sept 30, 2014 10:49:01 GMT -5
Just wondering: how is it handled in Washington and Colorado where it's legal? I think even if its legal, if your place of business says NO, it's NO. I'm thinking we will become legal. DF doesn't want his shop guys to be high anymore than he wants them drunk. It's dangerous to them and their co-workers. Isn't the major sticking point in terms of saying "No" to weed that you might be able to find traces of marijuana in a drug test without being at work high? You can't be drunk at work, you can't be high at work. I believe one stays in your system far longer though (i'm not saying long, simply far longer by comparison), even if the effects aren't there. I don't think many attitudes would be the same if you could be drunk for 6 hours, but alcohol stayed in your system for 30 days, and companies started employment screening. and intermittent testing for, alcohol.
|
|
zibazinski
Community Leader
Joined: Dec 24, 2010 16:12:50 GMT -5
Posts: 47,912
|
Post by zibazinski on Sept 30, 2014 10:51:01 GMT -5
I'm not sure. DF is pretty sure one of his shop guys smokes weed. But it doesn't impair his work or endanger others. He has no proof, neither does he want it because he's a kick ass worker.
|
|
zibazinski
Community Leader
Joined: Dec 24, 2010 16:12:50 GMT -5
Posts: 47,912
|
Post by zibazinski on Sept 30, 2014 10:53:22 GMT -5
Unless the insurance company starts demanding testing, he's not going to test. Hell, one of his tenants is a medical marijauna business. I tease him all the time about taking rent in "trade goods."
|
|
Nazgul Girl
Junior Associate
Babysitting our new grandbaby 3 days a week !
Joined: Dec 25, 2010 23:25:02 GMT -5
Posts: 5,913
Today's Mood: excellent
|
Post by Nazgul Girl on Sept 30, 2014 11:05:02 GMT -5
My employer allowed marijuana use if the employee had a legal certificate showing medical need from their doctors. They couldn't or get high at work. I think some of the coders were, sometimes. Somebody brought it up in our huddle one day, and on my team, at least five of the coders were laughing and saying things like " I can hook you right up...." I know one lady was for sure high a lot of the time, but she had a terrible anxiety and depression problem, and evidently her physician gave her a prescription for the use of medical marijuana. She smelled quite bad, sometimes.
|
|
Angel!
Senior Associate
Politics Admin
Joined: Dec 20, 2010 11:44:08 GMT -5
Posts: 10,722
|
Post by Angel! on Sept 30, 2014 11:10:02 GMT -5
Isn't recreation use legal in Colorado? Yes, but still doesn't mean employer have to allow employees to smoke. Pothead is not a protected class. The Colorado bill had specific language that said it is still up to employers.
|
|
hoops902
Senior Associate
Joined: Dec 22, 2010 13:21:29 GMT -5
Posts: 11,978
|
Post by hoops902 on Sept 30, 2014 11:14:36 GMT -5
Isn't recreation use legal in Colorado? Yes, but still doesn't mean employer have to allow employees to smoke. Pothead is not a protected class. The Colorado bill had specific language that said it is still up to employers. What if I use pot not for recreation, but medicinally? I can see where it gets slippery there. If I have a disability for which my doctor prescribes me marijuana, and you won't hire me due to marijuana use...I think that can reasonably be argued to be similar to you being disabled with a doctor's prescription to use a specific drug...and me saying "it's not your disability, I just won't hire anyone who uses that prescribed medication".
|
|
hoops902
Senior Associate
Joined: Dec 22, 2010 13:21:29 GMT -5
Posts: 11,978
|
Post by hoops902 on Sept 30, 2014 11:29:25 GMT -5
::I don't think a reasonable accommodation is to allow a person who is under the influence to use heavy machinery. ::
Define "under the influence". I can smoke lots of weed without ever falling under the legal guidelines of "under the influence" while I'm at work. That's a completely different question than whether I can pass a drug tests which simply detects whether there is a particular substance in my urine.
Using a substance, and being under the effects of that substance while at work aren't the same things. Pre-employment drug testing checks the former.
|
|
Lizard Queen
Senior Associate
103/2024
Joined: Jan 17, 2011 22:19:13 GMT -5
Posts: 14,659
|
Post by Lizard Queen on Sept 30, 2014 11:29:53 GMT -5
I have had several prescriptions that say you shouldn't operate heavy machinery while on them. I think they were pain pills, but could have been others as well.
|
|
Wisconsin Beth
Distinguished Associate
No, we don't walk away. But when we're holding on to something precious, we run.
Joined: Dec 20, 2010 11:59:36 GMT -5
Posts: 30,626
|
Post by Wisconsin Beth on Sept 30, 2014 11:35:54 GMT -5
Not necessarily. The ADA laws only say that an employer has to make reasonable accommodations and can't discriminate in hiring decisions because of a disability. I don't think a reasonable accommodation is to allow a person who is under the influence to use heavy machinery. My DAd worked in a drop-forge for over 25 years. There were people he refused to work with because they were drunk or high on something because he didn't want to lose any body part in the presses.
|
|
Nazgul Girl
Junior Associate
Babysitting our new grandbaby 3 days a week !
Joined: Dec 25, 2010 23:25:02 GMT -5
Posts: 5,913
Today's Mood: excellent
|
Post by Nazgul Girl on Sept 30, 2014 12:30:26 GMT -5
Yes, but still doesn't mean employer have to allow employees to smoke. Pothead is not a protected class. The Colorado bill had specific language that said it is still up to employers. What if I use pot not for recreation, but medicinally? I can see where it gets slippery there. If I have a disability for which my doctor prescribes me marijuana, and you won't hire me due to marijuana use...I think that can reasonably be argued to be similar to you being disabled with a doctor's prescription to use a specific drug...and me saying "it's not your disability, I just won't hire anyone who uses that prescribed medication". In Michigan, use of medical marijuana is legal. However, your supplier has to be a certified MM grower, with the specified number of plants on his/her license. If they're licensed for, say, 25 MM plants, and an inspection is done and they have 225 plants, then it's oh boy and some jail time. If there's a prescription that's valid and the patient is obtaining the MM from a certified MM grower, then I don't think that an employer can legally discriminate, although this is only based on what I've heard on the news.
|
|
Angel!
Senior Associate
Politics Admin
Joined: Dec 20, 2010 11:44:08 GMT -5
Posts: 10,722
|
Post by Angel! on Sept 30, 2014 12:48:10 GMT -5
Yes, but still doesn't mean employer have to allow employees to smoke. Pothead is not a protected class. The Colorado bill had specific language that said it is still up to employers. What if I use pot not for recreation, but medicinally? I can see where it gets slippery there. If I have a disability for which my doctor prescribes me marijuana, and you won't hire me due to marijuana use...I think that can reasonably be argued to be similar to you being disabled with a doctor's prescription to use a specific drug...and me saying "it's not your disability, I just won't hire anyone who uses that prescribed medication". I honestly don't know. It used to be there was no protection even if you had a script, but I suppose this may have changed. The problem is it is still against federal law, so I am not sure how much protection you get even with a script.
|
|
Angel!
Senior Associate
Politics Admin
Joined: Dec 20, 2010 11:44:08 GMT -5
Posts: 10,722
|
Post by Angel! on Sept 30, 2014 12:59:58 GMT -5
|
|
The Captain
Junior Associate
Hugs are good...
Joined: Jan 4, 2011 16:21:23 GMT -5
Posts: 8,717
Location: State of confusion
Favorite Drink: Whinnnne
|
Post by The Captain on Sept 30, 2014 13:08:06 GMT -5
|
|
Angel!
Senior Associate
Politics Admin
Joined: Dec 20, 2010 11:44:08 GMT -5
Posts: 10,722
|
Post by Angel! on Sept 30, 2014 13:10:00 GMT -5
Yeah, I saw that right after I posted. I also missed where @sroo4 posted about it. I am just so far behind
|
|
zibazinski
Community Leader
Joined: Dec 24, 2010 16:12:50 GMT -5
Posts: 47,912
|
Post by zibazinski on Sept 30, 2014 13:40:57 GMT -5
|
|
Deleted
Joined: Oct 10, 2024 18:31:44 GMT -5
Posts: 0
|
Post by Deleted on Oct 1, 2014 12:24:16 GMT -5
I find the way this thread turned to be interesting. I will keep my employment issues to myself from now on.
|
|
swamp
Community Leader
THEY’RE EATING THE DOGS!!!!!!!
Joined: Dec 19, 2010 16:03:22 GMT -5
Posts: 45,622
|
Post by swamp on Oct 1, 2014 12:27:22 GMT -5
I find the way this thread turned to be interesting. I will keep my employment issues to myself from now on. Will you at least know if you pull a Dark?
|
|
Phoenix84
Senior Associate
Joined: Feb 17, 2011 21:42:35 GMT -5
Posts: 10,056
|
Post by Phoenix84 on Oct 1, 2014 12:39:25 GMT -5
I live in Colorado.
From what I understand an employer can still drug test and restrict it's use among employees. An employee rejected on the basis of marijuana use has no legal recourse.
|
|
Deleted
Joined: Oct 10, 2024 18:31:44 GMT -5
Posts: 0
|
Post by Deleted on Oct 1, 2014 13:09:29 GMT -5
I find the way this thread turned to be interesting. I will keep my employment issues to myself from now on. Will you at least know if you pull a Dark? Of course I will know.... LOL
|
|
swamp
Community Leader
THEY’RE EATING THE DOGS!!!!!!!
Joined: Dec 19, 2010 16:03:22 GMT -5
Posts: 45,622
|
Post by swamp on Oct 1, 2014 13:22:49 GMT -5
Will you at least know if you pull a Dark? Of course I will know.... LOL Know? WTF?
I meant tell, dammit!!!!!
|
|
zibazinski
Community Leader
Joined: Dec 24, 2010 16:12:50 GMT -5
Posts: 47,912
|
Post by zibazinski on Oct 1, 2014 17:39:57 GMT -5
I'm curious how you handle money without being bonded, yet.
|
|