A invoice that might add protections to workers in California who devour hashish off the clock is advancing and will head to the Senate flooring shortly. The invoice would disallow job discrimination from employers, generally, based mostly on urine or hair exams that detect solely inactive metabolites of THC.
Urine or hair exams solely can detect inactive metabolites of THC days or perhaps weeks later, making them a poor indicator of impairment—and even latest use. The invoice would nonetheless enable the usage of oral swab or computer-based efficiency exams—which is truly a extra dependable indicator of latest use or impairment.
Whereas Assembly Bill 2188 would defend workers in California who smoke off the clock from inaccurate drug testing codecs, it will proceed to permit an employer to take motion towards workers who’re impaired on the clock. There are additionally exemptions, after all, for federal staff and building staff.
The invoice is supported by the United Meals and Business Staff (UFCW), Service Workers Worldwide Union (SEIU), California Nurses Affiliation, CA Board of Registered Nursing, and UDW/AFSCME Native 3930. As well as, the California Employment Legal professionals Affiliation, United Hashish Enterprise Affiliation, Hashish Fairness Coverage Council, People for Secure Entry, and California Hashish Business Affiliation, additionally assist the invoice.
Employers usually don’t take a look at for THC—just for THC metabolites, the waste product of THC, which urine exams and hair exams have a look at. Urine exams are not a reliable indicator of impairment based mostly on THC metabolites, nor have they got any worth for employers who may need greater issues to fret about, comparable to alcoholism or opioid abuse.
“This entire piss-testing regime is absolutely the results of authorities fraud within the first place,” California NORML Director Dale Gieringer tells Excessive Occasions. “There was by no means any good proof that piss testing, particularly in search of metabolites, had something to do with public security.”
It’s nothing greater than a remnant of the Reagan-era Drug-Free Workplace Act of 1988, which picked up amid the height of “Just Say No” fever.
Gieringer continues, “There’s by no means been an FDA research to indicate that that’s true. I imply, if I had a brand new drug, or medical machine, that I mentioned, ‘If you happen to give this to your workers, they are going to have fewer accidents, and so they’ll be extra dependable and higher workers.’ If I had such a medical machine, or drug, the FDA would require me to do doubleblind managed medical research proving that that’s the case.”
“That was by no means, ever executed for urine testing. It was principally a rip-off by former Reagan drug officers who—after leaving the federal government—went into the urine-testing enterprise, and have been well-connected, generally, with the federal government, who form of determined that it will be worthwhile to require these exams a very long time in the past—the late ‘80s. And so we’re simply placing an finish to that fraud.”
California NORML issued a press launch, urging Californians to achieve out to their state senators. “Scientific research have failed to indicate that urine testing is efficient at stopping office accidents. Numerous studies have found that staff who take a look at constructive for metabolites haven’t any larger danger of office accidents.”
“Satirically, beneath present drug testing guidelines, staff might use addictive opiates for medical use, however are forbidden to make use of medical hashish, which has been shown to reduce opiate use,” Gieringer continued.
The California Meeting accepted the invoice, in addition to the Senate Judiciary and Labor committees, and the invoice was assigned to the Appropriations suspense file.
Within the occasion that the invoice is accepted at a committee listening to on August 11, it can transfer to the Senate flooring for a vote. California NORML is urging residents to write a letter to your state senator in assist of AB 2188.
“Twenty-one states at present have legal guidelines defending employment rights for medical hashish customers, and 5 states (Nevada, New York, New Jersey, Montana and Connecticut) plus a number of cities (New York Metropolis, Washington DC, Philadelphia, Atlanta, Baltimore, Kansas Metropolis MO, Rochester NY and Richmond VA) defend leisure hashish shoppers’ employment rights,” added Cal NORML Deputy Director Ellen Komp. “California, a world chief in progressive causes, nonetheless has no protections for its staff who devour hashish. It’s excessive time to vary that and defend California’s staff.”
California might be subsequent on the listing to offer protections for workers who devour hashish off the clock.