Sample Impairment and Drug Testing Policy

Navigating Cannabis Legalization with Confidence
The rapid expansion of cannabis legalization across the United States and beyond presents a unique challenge for employers striving to maintain safe and productive workplaces. Traditional drug testing policies, often rooted in zero-tolerance frameworks, are becoming increasingly misaligned with legal and societal shifts. Employees can now legally use cannabis off-duty in many places, leading to increasingly common conflicts between positive drug test results and actual impairment on the job. Employers are pivoting toward impairment detection technologies, which offer a fair and effective way to uphold safety by evaluating real-time fitness for duty rather than penalizing lawful, off-duty behavior.

Employers taking a hard-line approach to cannabis use by their employees are increasingly met with challenges in hiring and retaining their workforce. More Americans used cannabis daily than alcohol last year (source). This trend is simply impossible for employers to ignore at this point. Accommodating safe and responsible cannabis use is a requirement.

Why Impairment Detection Technology Is the Solution
Unlike conventional drug tests that measure the presence of THC or THC metabolites, which can linger in the body for days or weeks, impairment detection technologies, like those developed by Gaize, provide objective, science-backed insights into an employee's ability to perform tasks safely. These systems measure physiological and behavioral indicators, ensuring safety-sensitive roles remain uncompromised by impairment, regardless of the substance causing it. For employers, this shift represents not just a legal safeguard but a culture shift that respects employee privacy and rights, while prioritizing workplace safety.

Building a Cannabis-Compatible Policy
To address the complexities of cannabis legalization, organizations should consider updating their drug-free workplace policies to include impairment detection technology. A modernized approach ensures compliance with evolving laws, protects employee rights, and bolsters overall workplace safety. Employers can further enhance these policies by incorporating education around cannabis and impairment, ensuring both leadership and employees understand the nuances of this evolving landscape and their responsibilities in using cannabis safely. By adopting a proactive and logical stance, companies can navigate the intersection of cannabis legalization and workplace safety with clarity and confidence, positioning themselves as leaders in their industries.

Businesses that use Gaize have seen an excellent response from their employees. It demonstrates that their employer is dedicated to safety, while also respects their rights to use cannabis.

Sample Policy Language
The following is not legal advice and will not be appropriate for all companies or all states / countries. This is provided for informational use only. Please consult an attorney or drug testing policy professional to develop your policy. If you would like recommendations, please contact us!

Impairment and Drug Use in the Workplace Policy
Adopted [Date]

I. Introduction

[Company Name] is committed to maintaining a safe and productive work environment free from the influence of drugs and alcohol. This policy outlines the procedures for impairment and drug testing of employees and applicants and is designed to be applied consistently and fairly across all levels of the organization.

II. Scope

This policy applies to all employees, regardless of position, seniority, or location. It also applies to job applicants who have received a conditional offer of employment.

III. Prohibited Substances

The use, possession, sale, or distribution of psychoactive drugs (legal or illegal) or alcohol on company premises, while operating company equipment, or during work hours is strictly prohibited. This includes controlled substances, prescription drugs without a valid prescription, and any substance that impairs or may impair job performance or safety.

Permitted Use of Legal Substances

[Company Name] recognizes that individuals may choose to use legal impairing substances during their personal time. This right is respected, provided that such use does not impair an employee's ability to perform their job duties safely and effectively. Employees are reminded that the presence of a legal substance may still raise suspicions of impairment if accompanied by changes in behavior, performance, or appearance. If an employee has concerns about potential interaction between prescribed medication and job performance, they should proactively discuss it with their supervisor or the Employee Assistance Program.

Employees prescribed medication that could impact alertness or safety (e.g., certain pain medications) must discuss this with the company's Medical Review Officer (MRO) before using it on the job, even as prescribed. The MRO will assess the potential risks and provide guidance on safe use or alternative arrangements as needed.

IV. Testing Circumstances

Pre-employment: Applicants who receive a conditional offer of employment may be required to undergo an impairment screening and/or drug test before their start date.

Reasonable Suspicion: Supervisors and managers who have a reasonable suspicion that an employee is under the influence of drugs or alcohol at work may refer the employee for impairment and/or drug testing. Examples of reasonable suspicion may include:

• Observed impairment impacting job performance or safety

• Altered appearance or behavior

• Odor of alcohol or drugs

• Positive report from a colleague or customer

Post-Incident: Employees involved in accidents, near misses, and other incidents may be required to undergo impairment and/or drug testing based on the severity of the incident.

Random Testing: [Company Name] reserves the right to randomly select employees for impairment and/or drug testing, in accordance with applicable laws and regulations.

Additional Screening for Safety-Sensitive Roles

Due to the critical nature of their responsibilities, employees in safety-sensitive roles may be subject to additional drug and alcohol impairment and/or drug screening. These measures may include pre-employment, random, and post-incident testing, as well as more frequent reasonable suspicion testing based on the specific risks associated with the role.

V. Reasonable Suspicion Training:

Supervisors and managers will receive regular training on identifying signs of impairment and the proper procedures for reporting suspected cases. This training will be provided by qualified professionals and will include the use of Gaize Impairment Detection Technology.

VI. Impairment Detection Technology:

Gaize Impairment Detection Technology will be used as a preliminary tool to screen for fitness for duty in accordance with this policy. This technology analyzes eye movement and pupil reaction metrics to provide objective data regarding potential impairment. Results from Gaize alone will not be considered conclusive proof of violation of this policy, and cases of presumptive impairment shall be confirmed using an oral fluid drug test, or other lab-based drug test.

VII. Testing Procedures:

All drug testing will be conducted by trained and qualified personnel in accordance with applicable laws and regulations. Employees will be treated with respect and privacy throughout the testing process.

Confirmatory Testing:

In the event of a positive Gaize impairment screening assessment, employees will be required to undergo a confirmatory oral fluid or other lab-based drug testing to confirm the presence of prohibited substances. The confirmatory test will be conducted qualified personnel and will follow established chain-of-custody procedures.

VIII. Consequences of a Positive Drug Test:

A positive Gaize impairment test and/or a confirmed positive drug test will result in disciplinary action, up to and including termination of employment. The specific consequences will depend on the circumstances of the case and the employee's disciplinary history. The employee may, at the sole discretion of Company leadership, be referred to the Employee Assistance Program (EAP) and be subject to return to work requirements.

IX. Employee Assistance Program:

[Company Name] recognizes that drug and alcohol addiction are serious issues. Employees who test positive for drugs or alcohol may be offered confidential support and referral to an Employee Assistance Program (EAP). The EAP can provide third party counseling, rehabilitation services, and other resources to help employees overcome addiction and regain their health. Employees may also face disciplinary action and return to work requirements.

X. Privacy:

[Company Name] is committed to protecting the privacy of all employees. All information related to drug testing will be kept confidential and will only be used for the legitimate purposes outlined in this policy.

XI. Non-Discrimination:

This policy will be applied in a non-discriminatory manner to all employees and applicants.

XII. Review and Updates:

This policy will be reviewed and updated periodically to reflect changes in applicable laws, regulations, and best practices.

XIII. Employee Acknowledgement:

All employees will be required to acknowledge receipt and understanding of this policy.