Drug Testing Policy Clarification

Summary

Employers in Massachusetts can conduct drug tests, including for THC, if they have a written policy and applicant consent. Medical marijuana users may be protected under state law. Employers should consult an employment attorney to ensure compliance.

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I work as a recruiter at a home care agency in Massachusetts. I have an applicant who has an in person interview scheduled for tomorrow. She just sent me the following message: "I actually was going to cancel my interview . A drug test was mentioned and I use thc so I won't pass . Being honest"
Hello ****, it's indeed a tricky situation. In Massachusetts, an employer can conduct drug tests, including for THC. However, they must ensure:
- They have a written drug testing policy.
- The applicant has received it.
- The applicant has consented to it.
Could you confirm if these conditions are met?
How should I respond?
As an employer in Massachusetts, you have the right to maintain a drug-free workplace. However, Massachusetts law also protects medical marijuana users. Here's how you may respond:
"Thank you for your honesty. Our agency ensures a drug-free environment. If your THC use is medical, we may discuss accommodations."
Remember, this doesn't constitute legal advice. It's always wise to consult with an employment attorney.
We only test if it is with cause, meaning we have cause to believe they are showing up under the influence of something to work
Thank you for the clarification, ****. Since you only test for cause, you may want to explain this to the applicant. However, it's important to consult with an employment attorney to ensure you are compliant with Massachusetts laws.
What should I say to the applicant?
You can respond as: "Thank you for your honesty. We conduct drug tests only if there's cause to believe someone is under the influence at work. We appreciate your forthrightness and look forward to our interview." Always consult with an employment attorney for advice.