California’s AB 2188 and SB 700 shift workplace drug testing from past cannabis use detection to active impairment screening. Employers must adopt compliant testing methods that protect employee rights while ensuring workplace safety under the new laws.
By Brad Nakase, Attorney
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To offer protection from discrimination against employees based on legal, off-duty use of marijuana, SB 700 (Senate Bill 700) and AB 2188 (Assembly Bill 2188) were proposed on 1st January 2024.
Do jobs still test for weed in California? The answer is yes, but with major changes in how and why they can do it.
To meet the requirements of this new workplace protection, businesses in California will need to adjust their drug testing policies since the traditional ones were unable to identify the difference between recent impairment and previous cannabis consumption.
Do jobs still test for weed in California? They do — but now the focus is on detecting active impairment, not historical usage.
Have you made any changes to your rules to align with acceptable drug-testing procedures?
If not, you should read this article.
This article will contrast impairment-focused drug testing, which is required by California’s new cannabis laws, with conventional drug tests.
You will discover exactly how to modify your company’s drug testing procedures to adhere to this significant rule if you read through to the end.
SB 700 and AB 2188 have diverted attention from the recreational use of marijuana in California’s recent cannabis-related laws.
In order to maintain workplace safety without violating employees’ rights when they are not on duty, the new legislation instead focuses on controlling at-work intoxication.
This is a short overview of SB 700 and AB 2188.
Such a law marks a significant shift in the perception of marijuana use by workers that employers will have to follow. Employees who lawfully consume marijuana beyond their work hours are shielded from discrimination. What it essentially entails is the fact that no punitive action against employment can be carried out merely due to the results of a positive marijuana drug test.
Do jobs still test for weed in California? Yes, but only in ways that prove impairment during working hours.
SB 700 is also touching on the privacy of job seekers, along with AB 2188. It prohibits managers of hiring companies from asking questions or considering the history of past cannabis use of a candidate. The law is in tandem with the growing realization that the consumption of cannabis is an individual, confidential matter that should not interfere with an individual’s chances of securing a job.
This is a brief overview of the effects that California’s recent cannabis-related laws will have on both job seekers and employees.
What is in?
What is out?
Do jobs still test for weed in California? Yes, but the testing must be impairment-oriented and compliant with these updated protections.
How does it impact employers, though?
Find out by reading on!
Employers in California are managing a significant change in drug testing requirements as a result of AB 2188 & SB 700. This shift from conventional drug testing techniques to more sophisticated processes represents a significant shift in strategy rather than merely a legal formality.
Employers must be aware of the distinctions between these outdated and modern testing techniques in order to guarantee compliance.
Here is a comparative analysis of the changes.
Conventional drug testing techniques
Urine and hair tests are well-established standards in drug testing at the workplace.
These techniques screen for a variety of chemicals, including cannabis, by looking for drug metabolites—substances that are created after active medicines are already being broken down or metabolized, rather than the actual drugs.
When active medications are found, impairment is indicated. The identification of metabolites, however, does not prove that a person is under the effect; rather, it shows that they have previously used drugs.
These methods solely depict past usage of drugs since they fail to differentiate between current and prior drug use.
Can you relate to why companies find these conventional drug testing techniques problematic in light of AB 2188 and SB 700?
One major drawback of these conventional testing techniques is their inability to detect present impairment, particularly in light of California’s recent cannabis regulations.
Such assessments not only lack efficacy, but also do not fit employee protection of pre-employment and out-of-service cannabis consumption. There is a danger of violating the legal rights of employees (stipulated in AB 2188 or SB 700). It could mean penalties, lawsuits, and various other negative effects on the reputation/credibility of the employer.
The question then is: “How can an employer or business adhere to the new California laws on marijuana and still maintain a drug-free workplace?”
And the response is: Through the use of drug tests designed to identify active impairment.
Cutting-edge technologies like oral fluid testing and others that detect only active substances rather than metabolites of drugs, therefore, need to be employed for screening at the workplace.
Why?
Thus, the results of such tests can be considered positive only in case a person is impaired. Although it is not permitted to test employees to determine past drug use as stipulated in AB 2188 & SB 700, it is permissible to test an employee to determine whether they are under the influence of drugs; hence, impairment-based testing of drugs is both legal and, more so, helpful in creating a drug-free safe workplace.
Due to these developments, it becomes essential that the California companies shift to impairment-based testing methodologies like breathalyzer and oral fluid testing methods. These methods effectively ensure and regulate the safety of the occupation and are able to reduce risk, as well as comply with AB 2188 and SB 700.
By placing a primary emphasis on screening actual impairment instead of past drug use, the employers will make sensible decisions that protect the rights of workers.
By combining legal compliance with sensible and moral employee management, this change represents a substantial and forward-thinking change in the way that workplace drug testing is approached.
Comparing the previous and current approaches is similar to contrasting a landline and a smartphone; both have their uses, but the new approaches offer features that are more in line with the demands of the modern workplace.
By focusing on recent use and offering a shorter discovery window, these techniques offer a reliable means of evaluating active impairment. By providing more recent findings, they also lessen the possibility of inaccurate results for previous usage.
By putting employee well-being and off-duty rights first, California companies can not only conform to the law but also promote an atmosphere of reliability and openness by replacing antiquated screening procedures with impairment-focused tests.
Do jobs still test for weed in California? They can, but only in ways that confirm if an employee is under the influence during work hours, not if they legally used cannabis days ago.
As you now know, the enactment of AB 2188 & SB 700 in California has marked a major shift in the occupational drug testing practices.
Therefore, the question is: How do you move over to these new protocols?
Collaborating with specialists is the response.
A team of compliance specialists is prepared to help you navigate the subtleties of these novel testing techniques. They collaborate with you to make sure your drug-testing procedures not only meet California’s recently enacted cannabis regulations, but also establish a better standard for the workplace that prioritizes your workers.
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