Fingerprinting | Legal Marijuana: New Challenge Pt. 2
Fingerprinting | As a best practice, a company’s policy on marijuana use should first and foremost follow the legal requirements of the state and relevant federal regulation (if applicable) and, if there are none, reflect the responsibilities and expectations of the job, as well as the company’s risk threshold.
Taking into account your talent pool and talent acquisition efforts.
Regardless of job requirements, employers must also contend with the pressing talent shortage, which may be exacerbated by the expanding map of marijuana legalization and changes in the way society views its use.
The New York Times recently uncovered unsurprisingly that some employers who screen for marijuana – including in states where it’s still illegal – are, indeed, struggling to fill jobs because of the pervasiveness of marijuana use.
This is true of the ski industry in Colorado, for example, where employers are finding that if they do have policies against marijuana and screen for it, they find it challenging to recruit candidates into new positions and retain employees that can pass a drug test.
It’s a delicate balance, especially in safety-conscious industries.
Fully realizing your company’s own risk threshold as well as benchmarking against what your competitors or other companies in your geographic proximity are doing – as you’ll vie with them for talent – is also important when building your policy addressing marijuana use.
Further complicating the matter is the delicate dance employers and candidates engage in ahead of a hiring.
If a candidate realizes halfway through the process that there’s a drug screen that he or she isn’t going to pass, they will likely stop the prospective employer throughout the interview and evaluation process.
This is why developing a clear marijuana policy – whichever way an employer may land on the issue – that can be communicated early in the candidate screening and onboarding process is critical, saving time and money in a competitive search for talent.
Balancing impact on culture and best practices.
Consider the variations in marijuana screening policies between a Silicon Valley start-up or a graphic design firm versus a law or accounting firm.
There are some industries and jobs where prohibiting and screening for marijuana usage may not be needed or be a fit for the organization.
There are some for whom it’s not only critical but may also be legally required.
Either way, an organization’s culture will undoubtedly be impacted.
As Peter Drucker said, ‘culture eats strategy for breakfast.’ Culture should be considered when developing and introducing marijuana-related policies.
As a best practice, policies should fit with company DNA, protect the company and workersand consider the aforementioned federal, state, and industry regulations.
This decision warrants consultation with an employment attorney and HR leaders, but also should involve deliberation at the executive level – the gatekeepers of company culture.
Marijuana in the workplace is a complex issue, and one that will only require more attention as states continue to legislate on this issue.
It is one that business leaders – and job seekers – should be considering now, as its impact has already arrived.
The talent shortage may be one of the most surprising and unintended consequences of marijuana legalization, but the others are no less challenging.
Smart business leaders will take time to consider a policy now in an effort to avoid litigation and liability later. -HireRight
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