An interesting case in Oklahoma may be a caution to employers considering action based on a positive test for marijuana. The case involved Worker’s Comp, but the employee’s defense may well apply to other situations.
The employee did not dispute the test results that followed an on-the-job injury. Rather, he claimed that he had been with people who were smoking the evil weed, however, he did not. After a tangle of trials, the case got kicked back to the Worker’s Comp Court for further review.
The bottom line? Just because tests reveal the presence of pot, it is not conclusive proof of drug use. With the changing legal attitudes towards marijuana, this may be a warning about relying on testing alone to determine abuse. The most important indications are standing in front of managers and supervisors, if you see signs of intoxication that may be the best time to test.
In any case, be very cautious about using positive test results alone for the basis to take action regarding alleged pot use.