With more and more employees testing positive for state-legalized marijuana, employers are encouraged to rethink testing and rewrite policies. Positive saliva and urine tests are climbing in both federally mandated, safety-sensitive workplaces, and general U.S. workforces. Although states differ when it comes to their approaches to intoxication and workplace accidents, employers cannot rely solely on drug testing in cases of workplace incidents. Some states are even overturning drug test results, claiming that the employer did not actually see impairment at the time of the incident. Employers should consider what kind of work is being performed by their employees before testing for drugs and ask themselves if marijuana will affect the job that needs to be performed.

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