USDA Performs Drug Tests for Recreational and Medical Marijuana, Even in States Where It’s Legal

Although the number of states that are legalizing marijuana is increasing, the U.S. Department of Agriculture is sticking to their “Drug-Free Workplace” Program. In a memo to over 100,000 employees, the USDA stated that while some may be permitted by state law to use marijuana for recreational purposes, it “is not authorized under Federal law nor the Department’s Drug-Free Workplace program.”

Under this program, the USDA may conduct drug tests randomly, after an accident / unsafe practice, or if they are under reasonable suspicion that a worker is using drugs. These tests check for substances identified by the Drug Enforcement Administration as Schedule I or II. Schedule II drugs, such as cocaine, Ritalin, and methadone, are categorized as substances with accepted medical use but have the potential for abuse. Conversely, Schedule I drugs have no accepted medical use and boast an even greater abuse potential than Schedule II. These drugs include marijuana, heroin, and LSD. The Drug-Free Workplace program has conducted Schedule I and II drug tests since 1988 and shows no sign of adjusting to recent marijuana legalization laws.

The USDA memo reminds workers that everyone who tests positive for marijuana, no matter the state, will be disciplined – including those who use medical marijuana. The memo references Medical Review Officer Manual, stating, “State initiatives and laws, which make available to an individual a variety of illicit drugs by a physician’s prescription or recommendation, do not make the use of these illicit drugs permissible under the Federal Drug-Free Workplace Program.” This puts those using medical marijuana under the same jurisdiction as recreational users.

While that may seem harsh, it should be noted that marijuana is still illegal under federal law. Therefore, the USDA, as a federal agency, must maintain a marijuana-free policy. Additionally, working under the influence of marijuana can potentially threaten the safety, health, and security of other USDA workers and the American public.

However, an article on the subject does note that federal policy might be in for a change. The Food and Drug Administration is performing a study on marijuana’s safety and medicinal effects. Should the Administration downgrade marijuana from its Schedule I status, the USDA’s strict stance on the drug may change

 

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Minimum Wages increase in New York, New Jersey & Connecticut

Effective December 31, 2013, the minimum wage in New York will increase to $8.00 per hour for non-tipped employees according to the Department of Labor, Division of Labor Standards.

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Hiring Concerns in Philadelphia Building Collapse

Center City, Philadelphia was faced with a tragic event Wednesday, June 5 when a building came crumbling down onto an adjacent building on 22nd and Market Streets. A total of six lives were lost and 13 people injured as rescue crews excavated bodies and survivors from the rubble.

A two-story wall of a building being demolished came down around 10:30am EST onto a neighboring Salvation Army thrift store below. The loss of life in this demolition accident is tragic, and now people are asking the questions: why and how did this happen?

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Penn State University Implements Updated Background Check Policy

Prior to the NCAA and Big Ten Conference sanctions, board of trustee decisions following the Freeh Report and the release of chilling voicemails left by Jerry Sandusky on a victim’s phone, the looming question of Penn State’s next steps still remain. The image of the university is undoubtedly tarnished after the Jerry Sandusky child sex abuse trial revealed university officials sat idle as children were victimized by the former assistant coach to the prestigious football team.

The university is still the subject of a number of investigations and the current president, Rodney Erickson says the university is cooperating fully. [Read more] Following the sanctions levied by the NCAA and Big Ten, credit ratings provider, Moody’s Corporation announced that it may cut the university’s current “Aa1” credit rating. A downgrade from Moody’s could make it more expensive for Penn State to borrow money – the school is already $1 billion in debt. [Read more]

Financial woes aside, the university has already begun taking steps to make a dent in replenishing the image it once had; removing the Joe Paterno statue from campus may not be enough.

Erickson announced earlier this month that the university would adopt a new background check procedure. On July 5, all current and future job candidates (including third-party candidates) must undergo a criminal background check prior to working for the university. HR99 as it’s called incorporates a “more comprehensive procedure that also ensures compliance with recently issued new guidance by the Equal Employment Opportunity Commission on background checks.”

Associate vice president of Human Resources, Susan Basso, says that “to provide the safest possible environment for our students, faculty, staff and visitors it is imperative that Penn State implements consistent and thorough background check procedures.”

First Contact HR has always recommended that higher education adhere to EEOC guidelines and adopt a comprehensive background check policy that meets their specific needs. No college or university is the same, yet identity verification, criminal records research, sex offender registry checks, employment and education verification and motor vehicle records review are all recommended services for any potential staff member of an educational institution.

Regarding the effectiveness of background checks, Jerry Sandusky had a criminal background and was even denied a volunteer coaching job in 2010 after Juniata College conducted a background check.

 

HR Professional Opinion:

Higher education institutions should audit their current practices and conduct an objective risk assessment. Student safety and security should be high priority and never subordinate to other objectives of the institution. Conducting comprehensive background checks that are in compliance with federal, state and local laws are key in protecting the institution’s reputation, hiring and retaining the right talent, while creating a culture that matches the institution’s goals, objectives and vision.

Higher education should evaluate all new hires, volunteers and contractors, considering the following factors against the work to be performed or held, the work performance location, and the degree of risk to the organization:

  1. Any loyalty or terrorism issue;
  2. Patterns of conduct (e.g., alcoholism/drug addiction, financial irresponsibility/major liabilities, dishonesty, un-employability for Negligence or misconduct, criminal conduct);
  3. Felony and misdemeanor offenses;
  4. Drug manufacturing/trafficking/sale;
  5. Significant honesty issue (e.g., extortion, armed robbery, embezzlement, perjury);
  6. Criminal sexual misconduct;
  7. Serious violent behavior (e.g., rape, aggravated assault, arson, child abuse, manslaughter);
  8. Illegal use of firearms/explosives; and
  9. Employment related misconduct involving dishonesty, policy violations, criminal or violent behavior.

Further, prior to taking any adverse action against any subject, First Contact HR recommends consideration of the following:

  1. The nature, extent and seriousness of the conduct;
  2. The circumstances surrounding the conduct;
  3. The frequency of the conduct;
  4. How recently the conduct occurred;
  5. The individual’s age and maturity at the time of the conduct;
  6. The presence or absence of rehabilitation and other pertinent behavior changes;
  7. The potential for pressure, coercion, exploitation, or duress;
  8. The likelihood of continuation of the conduct;
  9. How, and if, the conduct bears upon potential job responsibilities; and
  10. The individual’s employment history before and after the conduct.

 

 

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First Contact HR Top Background Screening Trends in 2012

With the increasing number of employers conducting background checks, public concerns have arisen pertaining to the method, use and fairness of such checks in potentially barring applicants from employment.

First Contact HR has compiled a list of the most significant trends that are shaping the background screening industry.

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Philadelphia Signs Ban the Box Ordinance

City of Philadelphia Mayor Michael Nutter signed an ordinance that will prohibit employers from requiring job applicants to disclose their criminal backgrounds until after the first employment interview.

After a first interview, employers may perform a background check or request the disclosure of an applicant’s criminal record history.

The ordinance prohibits city agencies and private employers from knowingly inquiring about criminal backgrounds, including arrest records on the employment application. The ordinance is applicable to all employers with workforces of ten or more persons in the City of Philadelphia. As a result, this ordinance will require applicable employers to update their interview and screening process, including the employment application.

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