So the topic has already been discussed and debated about medical marijuana laws (and now legal recreational use in WA and CO) and how these affect workplace drug policies. Now this post isn't meant to start a debate on the laws themselves (and whatever your opinion may be on drug use) but a sound, logical alternative for drug testing policy within the workplace. I am by no means advocating illegal or legal drug use by EMS professionals.
Take an incident like a minor traffic accident involving an ambulance and a civilian vehicle, the EMT/Paramedic is usually required to submit a urinanlysis following the accident. Say the EMT was driving in a state where marihuana is medically (or recreationally) legal and has used marijuana in a legal setting, on their own time, and there is no chance they are currently under the influence of any other drugs. What if the EMT denies urinanlysis (because they know they will test positive for marijuana...hasn't been the 30-60 days required for complete detoxification of THC) and instead demands a blood test be performed (more accurate of what was in their system at that time, and therefore protecting the EMTs right to legally using marijuana on their own time).
Could their be a legitimate case against the employer if they deny the EMT's request for a more accurate (albeit more expensive) test? Is testing and terminating employment for drug testing against 4th amendment rights of unreasonable search and seizure?
Take an incident like a minor traffic accident involving an ambulance and a civilian vehicle, the EMT/Paramedic is usually required to submit a urinanlysis following the accident. Say the EMT was driving in a state where marihuana is medically (or recreationally) legal and has used marijuana in a legal setting, on their own time, and there is no chance they are currently under the influence of any other drugs. What if the EMT denies urinanlysis (because they know they will test positive for marijuana...hasn't been the 30-60 days required for complete detoxification of THC) and instead demands a blood test be performed (more accurate of what was in their system at that time, and therefore protecting the EMTs right to legally using marijuana on their own time).
Could their be a legitimate case against the employer if they deny the EMT's request for a more accurate (albeit more expensive) test? Is testing and terminating employment for drug testing against 4th amendment rights of unreasonable search and seizure?