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As the unemployment rate hovers around 3.5 percent, and a significant worker shortage persists in some industries, employers may wonder if an employee’s off-duty marijuana use is worth worrying about.

More employers are foregoing pre-employment marijuana testing, which can show that a job candidate used marijuana sometime within the past 30 days or so.

Employers who test for marijuana may fear they’re losing too many good job candidates to a positive test, or feel that an employee’s use away from work won’t hurt their ability to do the job. In some cases, a state law prevents an employer from testing.

What should employers do? It depends on the situation:

Yes, test: Federal law requires it

Some employees, such as truck drivers or pipeline workers, may be covered by federal regulations that require them to take drug tests. When this is the case, federal regulations must be followed. These regulations require employees to be tested for marijuana and the workers face consequences when a test is positive.

Leaning toward yes: Safety-sensitive job duties

If employees might pose a danger to themselves or others while impaired, a pre-employment drug test for marijuana is recommended when it’s allowed by state law. Employees who operate heavy machinery, drive a forklift, or drive to customer locations fall into this category.

Leaning toward yes: Supervisors aren’t trained

Testing is designed to screen out marijuana users and discourage marijuana users from applying for a position. If pre-employment tests aren’t done, there’s a higher probability that a supervisor will have to deal with an issue relating to impairment. When an employer doesn’t do pre-employment testing for marijuana, supervisors should be trained to spot signs of impairment. They should also know what to do when they see an employee who may be impaired by marijuana, alcohol, or another drug.

Probably not: Safety isn’t an issue

Testing is designed to screen out marijuana users and discourage marijuana users from applying for a position. If pre-employment tests aren’t done, there’s a higher probability that a supervisor will have to deal with an issue relating to impairment. When an employer doesn’t do pre-employment testing for marijuana, supervisors should be trained to spot signs of impairment. They should also know what to do when they see an employee who may be impaired by marijuana, alcohol, or another drug.

Definitely not: State law prohibits it

In some states, such as New York, marijuana testing is prohibited. Other states, such as Nevada, New Jersey, and Rhode Island, have some restrictions. Unless they’re following federal regulations that require testing, employers always need to follow state drug testing and marijuana laws. When these laws prohibit testing, cannabis can’t be included on the drug testing panel.

Key to remember: The decision to do a pre-employment test for marijuana will depend on an employee’s job duties and the state and federal laws that apply.