Legal pot creates issue for employers
Some adapt because they need workers
Nevada employers are in the midst of a marijuana dilemma.
Low unemployment rates and growing businesses have brought a surging need for new hires throughout the state. But prospective workers are failing drug tests at a much higher rate than before, according to Thoran Towler, executive director of the Nevada Association of Employers.
That has prompted some businesses to adapt or risk falling short on manpower.
“People are softening their stance because they know someone could come into work totally sober and fail a drug test,” said Towler, whose organization provides human resources support and consulting to more than 400 businesses in Nevada.
On Jan. 1, Nevada joined the ranks of Colorado, Washington, Oregon and Alaska in legalizing the use of recreational for adults 21 and older.
But legal doesn’t necessarily mean safe to use for employees, especially those working in the gaming, construction or driving industries.
“It’s zero-tolerance,” said Larry Miller, corporate administrator for local concrete company Nevada Ready Mix.
Drivers for the company routinely haul several tons of concrete, and Miller said it would be too dangerous and bring on too much potential liability with insurers to tell employees they can get high at home.
“It doesn’t matter if it’s legal in the state of Nevada,” Miller said. “It’s a violation that is a terminable offense.”
Brian Wolf, branch manager for the Las Vegas-based recruiting firm Manpower, said the company has seen increases “across the board” for candidates failing pre-employment drug test relating to marijuana.
“It’s good candidates failing drug tests,” Wolf said.
Testing troubles
One problem is the science — or lack thereof — involved in testing for marijuana impairment, specifically POT
how long traces of the drug stay in a person’s system.
Most employment drug tests detect marijuana metabolite, the byproduct of consumed pot. Metabolites can stay in a person’s system for days or weeks depending on frequency of use.
Because of that variance, it’s virtually impossible for a test to determine if someone is impaired or has recently used marijuana.
“Our testing is just so bad,” Towler said.
Because of that, Towler said, a cascade of companies have come to him looking to change their pot policies.
Towler said that started as a trickle at the beginning of the year, but he now gets calls about dropping marijuana from workplace testing every few days, for both pre-employment and random drug screenings.
That’s because many companies don’t want to block a good candidate or fire a good worker for something voters chose to legalize, Towler added.
“Employers aren’t necessarily saying pot is fine. They’re saying it’s legal in the state of Nevada,” he said.
Although some companies randomly drug test employees, the more common policy is to test employees before they are hired, and then only if intoxication is suspected. Many of those who used pot before it was legal are probably no more likely to be tested by their employer now that marijuana is legal.
But outside of actual marijuana companies, finding employers who are outwardly weed-friendly is no easy task.
Employers worry that allowing workers to smoke marijuana — even if it’s only off the clock — could be seen as condoning the use and giving them a “pot-friendly” reputation, Towler said.
Gaming says no
For other employers — especially for the state’s lifeblood industry — hard-line, no-weed policies aren’t likely to change anytime soon.
The Nevada Gaming Commission has repeatedly told casinos that as long as marijuana remains illegal federally, companies must do all they can to keep the drug off of their property or risk losing their lucrative gaming licenses.
Regulators have yet to specifically address the topic of whether employees of gaming companies should be allowed to consume marijuana off the clock, but most casinos are taking a pre-emptively firm stance.
“There’s too much at risk for us,” said Jan Jones Blackhurst, Caesars Entertainment Corporation’s executive vice president of public policy and social responsibility.
Caesars, which employs more than 30,000 people in Nevada, has become known for being progressive on other issues. Last year the company penned a blog post on its website in support of the LGBTQ community after the state of Mississippi passed laws that Caesars said was discriminatory.
But with marijuana, it’s a different story. “We don’t have progressive views on this issue,” Blackhurst said. “Our position is we follow the federal law. The end.”
Contact Colton Lochhead at clochhead@reviewjournal. com or 702-383-4638. Follow @ Coltonlochhead on Twitter.