A new law concerning marijuana users went into effect on January 1, 2024, in Washington. This law is Senate Bill 5123 (SB 5123). It intends to improve employment opportunities for marijuana users. 

According to SB 5123, employers cannot discriminate against job applicants based on off-duty marijuana use. It also prevents discrimination for use away from the worksite. The law also bans employers from using the results of pre-employment drug tests that screen for non-psychoactive cannabis metabolites to make hiring decisions.

Washington has decided to ban employers from making hiring decisions based on the results of these tests. This decision is because such results do not predict an applicant’s future job performance. Furthermore, it does not prove whether someone is currently under the influence of marijuana.

Tests screening for non-psychoactive cannabis metabolites can give a positive result even if the applicant used the product weeks ago. False positives happen because these metabolites stay in a person’s system after metabolizing tetrahydrocannabinol (THC). THC is the active chemical in marijuana that triggers positive test results.

SB 5123 could help prevent discrimination toward marijuana users searching for work. According to supporters, it will prevent employers from restricting job opportunities for marijuana users. The law states, “It is unlawful for an employer to discriminate against a person in the initial hiring for employment if the discrimination is based upon:

• The person’s use of cannabis off the job and away from the 

workplace; or

• An employer-required drug screening test that has found the 

person to have non-psychoactive cannabis metabolites in their hair, 

blood, urine, or other bodily fluids.”

However, SB 5123 offers several exceptions for eligible circumstances. For example, employers may continue using tests that do not screen for non-psychoactive cannabis metabolites. It also allows employers to maintain a drug-free workplace. Finally, SB 5123 does not affect an employer’s obligations or rights under federal regulation or law.

As such, accidents at work can lead to drug tests that include marijuana screening. You should also know that employers may test you for marijuana if they suspect that marijuana is influencing you while working. Despite these exceptions, SB 5123 can still significantly improve your job opportunities.

When preparing for a job opportunity, consider running a self-background check. A self-check can improve your chances by ensuring employers see accurate information. It also allows you to make corrections if you find errors or plan how to explain any negative records.

Try running a self background check today and give yourself a head start on your next job opportunity.

Source

Many new regulations have taken effect with the start of the new year. For Washington employers, this includes a new ban on pre-employment marijuana testing for most new hires. On January 1, a new regulation took effect that prohibits employers from taking adverse action against new hires based on a positive test for marijuana.

Washington Governor Jay Inslee signed the new legislation on May 9, 2023. The legislation (SB 5123) took effect on January 1, 2024. SB 5123 states, “The legislature finds that the legalization of recreational cannabis in Washington state in 2012 created a disconnect between prospective employees’ legal activities and employers’ hiring practices.”

Under SB 5123, Washington law has changed to state:

1. “It is unlawful for an employer to discriminate against a person in the initial hiring for employment if [basing] the discrimination upon:
2. The person’s use of cannabis off the job and away from the workplace or
3. An employer-required drug screening test has found the person to have non-psychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids.”

The law does not prohibit employers from “basing initial hiring decisions on scientifically valid drug screening conducted through methods that do not screen for non-psychoactive cannabis metabolites.” However, it does not specify what kind of testing this may include. Tests on the market cannot distinguish between psychoactive metabolites, which indicate intoxication, and non-psychoactive.

As a result, it is effectively impossible to perform pre-employment testing for marijuana usage. However, the law does not prohibit employers from testing outside of this context. This permission means employers may test due to a workplace accident or when suspecting an employee of impairment.

The law does not preempt existing state law or federal drug testing requirements. In addition, it does not prevent testing for law enforcement officers, first responders, corrections officers, fire departments, or positions designated as safety-sensitive. These safety-sensitive positions include those “for which impairment while working presents a substantial risk of death.”

Employers may continue performing pre-employment testing for a wide range of substances. This range also includes cannabis as long as the employer does not see the cannabis results. Employers who have not done so must update their hiring policies to ensure compliance with these new regulations. They should also consider reviewing their policies for hiring those with prior cannabis-related convictions. A great way to get started is by working with an experienced screening provider.

Discover the benefits of JDP’s seamless background checks for your business. Contact a sales rep today.

Source

Jobseekers in Washington will soon receive protection from discrimination for recreational marijuana usage. Signed into law on May 9, 2023, Senate Bill 5123 will take effect on January 1, 2024. As such, these protections would prevent employers from rejecting applications for their off-duty marijuana use.

Under this bill, employers cannot reject a job applicant solely due to learning that they used cannabis outside the workplace. Examples provided by the bill include discovering the use through social media, referral, or pre-employment testing. It also detailed specifics on these bans, such as the pre-employment drug tests that reveal marijuana usage. According to the bill, employers cannot reject applicants based on tests that discover non-psychoactive cannabis metabolites in the job applicant’s hair, blood, urine, or other bodily fluids.

However, this new law has exceptions for certain positions. The bill included examples such as law enforcement agencies, airlines, fire departments, corrections, and other first responders. It also provided exemptions for jobs where “impairment while working presents a substantial risk of death.” Employers must notify job seekers of such cases before interested parties apply.

Similarly, it does not protect applicants for positions where a state or federal law requires a federal background check, security clearance, or testing for controlled substances. The bill also specified employment for commercial drivers or airline pilots.

Affected parties should understand that SB 5123 specifically concerns cannabis. As such, employers can continue testing and rejecting applications for using other recreational drugs. It also applies only to pre-employment decision-making. This limitation allows employers to maintain a drug-free workplace, including marijuana. As a result, employers can test current employees for marijuana and other drugs with reasonable suspicions of impairment. They may also test after an on-the-job accident.

Thanks to this new law, recreational marijuana users will have less to fear when applying for work. Recreational cannabis users may experience greater job opportunities thanks to the new law, which takes effect on January 1, 2024, and the state’s existing marijuana expungement law that took effect in 2019. Before SB 5123 takes effect, job seekers should consider performing a self-background check. Self-checks can inform you of errors, allowing you to dispute and correct them before potential employers see them.

Try running a self background check today and give yourself a head start on your next job opportunity.

Source