Columbia Southern University Weed In Workplace Discussion Note: I have attached the study guide and article to be used. Perry, P. M. (2019). Weed in th

Columbia Southern University Weed In Workplace Discussion Note: I have attached the study guide and article to be used.

Perry, P. M. (2019). Weed in the Workplace. Metal Center News, 59(12), 26–29.

Instructions

From the CSU Online Library, choose an article within either the ABI/INFORM Collection database or the Business Source Ultimate database on the topic of the ethics of drug testing in the employment setting.

After reading the article, write a 500-word article critique by addressing each of the following items:

Briefly introduce and summarize the article.
Do the author’s arguments support his or her main point?
What evidence supports the main point?
How could the topic of this article apply to your personal or professional life?
How could the topic apply to an organization you have observed?
How would you explain the role of leadership in corporate culture, and how would you describe leadership styles and how they affect ethical decision-making?
Are there any inherent unethical practices with drug testing, though it is technically legal?
What conclusions can you draw about the ethical issues facing business leaders?

The Unit II Article Critique should be at least 500 words in length, double-spaced, and written in Times New Roman, 12 point font. Use APA guidelines for references. Confronting M arijuana
By Phillip M. Perry, Contributing Editor
v V e e rt
in t h e W o r k p l a c e
E m p lo y e r s S t r u g g le w ith G r o w in g M a r iju a n a U s e
D
rug use is increasing in the workplace, and
Nearly 5 percent admitted to daily use and more than 13
marijuana is leading the way, particularly as
percent use it more than once a month.”
an increasing number of states and munici­
Why the sudden upsurge? It’s clearly due to the growing
palities legalize cannabis for medical and rec­
acceptability of marijuana by society in general. “The legaliza­
reational use. This is creating a host of ques­
tion of marijuana on the state level has continued to grow since
tions that employers, including metal service centers, must
California first allowed the drug’s use for medical purposes
confront. Among them:
in 1996,” says Joe Reilly, president of his own drug testing
■ Should drug tests even include marijuana any longer?
consulting firm in Melbourne, Fla. “Typically, states will first
■ If they do, and evidence of marijuana use pops up, should
employees be penalized?
■ And further: Do employers have
pass legislation legalizing medical marijuana. Later they allow
its recreational use.” Thirty-three
states now have medical marijuana
to accommodate for the medical
use of marijuana under the federal
Americans with Disabilities Act, or
state human rights laws?
The answers aren’t so clear cut.
Im paired w orkers
Such questions are moving to
the front burner as employers face a
tt Workplace drug abuse
is costly in terms of lower
productivity, higher tardiness
and absenteeism, greater
use of medical benefits, and
Legalization makes marijuana
more socially acceptable. “When a
substance is legal and has massive
amounts of marketing behind it, there
pilferage and shrinkage. 33
are going to be more consumers,”
says Ronshausen.
Dee Mason, Working Partners
no signs of tapering off any time
26
and medical use of marijuana. And
the numbers grow every year.
increased incidents of
greater risk than ever from a grow­
ing culture of impainnent that shows
statutes. Ten states plus the District
of Columbia allow both recreational
A costly habit
soon. Workforce drug positivity hit a 14-year high in 2018,
For employers, the downsides of marijuana are clear.
according to a new analysis from Quest Diagnostics, a leading
“Workplace drug abuse is costly in terms of lower productiv­
provider of drug test information.
ity, higher tardiness and absenteeism, greater use of medical
For a growing number of individuals, cannabis has be­
benefits, and increased incidents of pilferage and shrinkage,”
come the substance of choice. “Marijuana is the second-most
says Dee Mason, president of Working Partners, a consulting
widely abused substance nationwide, after alcohol,” says
firm based in Canal Winchester, Ohio.
Amy Ronshausen, executive director of Drug Free America
And then there is the liability. As marijuana becomes
Foundation Inc., St Petersburg, Fla. “According to a survey by
more popular, employers face a greater risk of lawsuits when
drugabuse.com, more than one in five respondents said they
dealing inappropriately with individuals under the influ­
use marijuana recreationally at work during work hours.
ence. “It’s critically important for any business to protect
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N o v e m b e r 2 0 19
w w w .m e ta lc e n te rn e w s .c o m
* ■ /
employees and
the public,” says Reilly.
“At smaller companies especially, one
accident can be devastating.”
Unfortunately, designing workplace policies that call for
appropriate responses to marijuana use is easier said than done.
“Employers are struggling to adapt to changes in state
need marijuana
for medical reasons. In such
marij uana legislation,” says Faye Caldwell, managing partner
cases, allowing off-site smoking might be
of Caldwell Everson PLLC, a Houston-based employment
a workable accommodation. In other states you may be
law firm specializing in workplace drug testing. “The big­
allowed to terminate a worker for medical use of marijuana,
gest problem is that marijuana laws vary so widely by state.
even if he or she is not in a safety-sensitive position.”
“Each state has different requirements for employers, and
many of the laws are quite vague.”
Furthermore, some laws seem complex. “In Nevada, the
law says that employers cannot refuse to hire someone who is
using marijuana legally in the state,” says Dr. Donna R. Smith,
C o n fu s in g la w s
regulatory compliance officer in the Tampa Bay, Fla., office of
Two things are certain: In every state it is legal to have a
Workforce QA, a nationwide third-party administrator of drug
policy that prohibits the use of marijuana on the job, and pro­
free workplace programs. “On the other hand, the same law
hibits an employee from being impaired while on the job, says
states that once the employee is hired the employer can test for
Caldwell. Beyond that common framework, variety abounds.
drugs and terminate for positive results if the employer has an­
“Some state marijuana laws are more favorable toward
employers, and others are more favorable toward employees,”
says Reilly. “For example, in some states you cannot discrim­
inate against workers in non-safety sensitive positions who
nounced that no marijuana use by employees will be tolerated.”
w w w .m e ta lc e n te rn e w s .c o m
Another: “In Illinois, the statute says that employers can
have zero-tolerance policies for marijuana use and can test for
marijuana,” says Smith. “But employers cannot take any action
M e t a l C e n t e r N e w s — N o v e m b e r 2019
I 27
Confronting Marijuana
against employees unless it can be proven they used the mari­
of safety-sensitive work positions and the availability of pro­
juana on company property while on duty, or were impaired by
spective employees,” says Caldwell. “The last factor can be of
marijuana use while on duty, or used marijuana while on a call
particular importance given the greater number of people using
to perform customer services.”
marijuana and the low unemployment numbers in many areas
Legal confusion can often be mitigated by case law – that
of the country. The employer with too restrictive policies may
vast body of rules arising from actions in the courts of the land
not be able to hire enough otherwise-qualified applicants to fill
for every nook and cranny of the legal universe. Unfortunately,
the available jobs.”
there is little help from this channel when it comes to marijuana
The solution can often involve balancing safety with liabil­
use. “Because the laws are so new, there is not a lot of fill-in
ity. “Employers need to reach some sort of balance between
detail that might come from a history of court cases or other
the creation of a safe workplace and the risk of litigation,” says
regulatory action,” Caldwell says.
Caldwell. “Reaching that balance can be difficult. For exam­
Employers at one time could fall back on a general appeal
ple, an employer may be tempted to state that accommodation
to the federal ban on marijuana, figuring it trumps state law.
for marijuana use will only be provided to the extent mandated
No longer. “The fact that marijuana use is federally illegal, as
by law. However, that employer needs to not only look at mari­
a criminal matter, does not mean that states cannot legislate
juana laws, but also consider the disability and human rights
employment status,” says Caldwell. “Employment is generally
laws that may provide protection in a given state.”
a state matter.”
Testing for marijuana
Workable policies
28
One thing is for sure: Employers may still outlaw on-site
If employers must deal with a patchwork of state and city
use of marijuana. “In states where marijuana is legal, you can
laws, the end result is often confusion that causes delays in for­
still ban its use in the workplace, just as you can with alcohol,”
mulating and implanting workplace drug policies. “Business
leaders have not really been talking about this topic as they
says Reilly.
That sounds good on the surface, but a problem has arisen
should,” says Reilly. Delay can be costly. “Companies that do
with the packaging of marijuana in new forms. “We are not just
not invest the required time and effort to adjust their workplace
policies end up making hasty employment decisions. And
talking about a joint which would be easy to see and smell,”
says Ronshausen. “We also have products like granola bars,
those often lead to lawsuits. Maybe they get sued, for example,
for tenninating or denying employment to someone who fails
soda and candy that contain marijuana. Without actually look­
ing at the packaging, how would you know employees are
a marijuana drug test.”
So how do you design policies that create safe workplaces
using the drug?”
One way to spot use is, of course, to test. We have already
while protecting your business from lawsuits? “I encourage
seen that states are complicating this issue with a patchwork
employers to seek legal counsel,” says Reilly. “Then decide
of laws that dictate when testing can and cannot be used.
how the business’s current workplace policies need to change
And there’s another problem: No marijuana test has yet been
to conform to state laws.”
Reilly points out some common areas. “Suppose your ex­
devised that can indicate impairment.
“Normal workplace drug tests can only reveal that an em­
isting policy calls for tennination when an employee fails a
ployee has recently used marijuana—not that the employee is
drug test. Should you change the policy to allow exceptions for
actually impaired at any given point in time,” says Caldwell.
legitimate marijuana medical use? And what if the employee
While blood tests can reveal the level of marijuana, currently
is in a safety-sensitive position, such as operating a forklift,
no consensus exists as to what level signifies impairment.
or working on building roofs or working with children? You
Indeed, the new methods of ingestion can result in blood
cannot allow people to work in such positions while under the
test variances. “While smoking marijuana can result in a quick
influence of marijuana. Will you terminate them, or accommo­
spike in THC blood levels, that is not the case for other meth­
date by moving them to safer positions when possible?”
ods of ingestion,” says Caldwell (THC is the principal psycho­
The answers to all of those questions must conform to state
active constituent of cannabis). “While ingesting marijuana as
law. The specifics about current and changing laws are im­
an edible, some people might appear very impaired, but their
portant, but so is a sensitivity to larger issues that can impact
blood levels of THC might never climb very high.”
policy decisions. “To come up with workable policies, employ­
If it all sounds too complicated, why not just avoid the
ers need to evaluate the nature of their workforce, the presence
issue as much as possible? “Some employers are deciding to
I
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Confronting Marijuana
CBD Complicates the Issue
arijuana in smokable or ingestible form has been getting
the lion’s share of attention
from employers looking to formulate a
good workplace drug policy. But there’s a
While that sounds like a straight­
forward guideline, problems arise
level for a positive test.”
That can be bad, because such a
because the CBD sold on today’s market
is not regulated.“ The CBD that people
are ingesting may have higher levels of
test result might penalize employees
unnecessarily.
related substance, also growing in popu­
larity, that can cause its own problems.
That’s cannabidiol, popularly known as
THC than 0.3 percent,” says Dr. Donna
R. Smith, regulatory compliance officer in
M
CBD.This extract from the marijuana
plant is ingested for health reasons, and
is not considered a controlled substance
if it contains less than 0.3 percent of
THC.the marijuana plant extract that
causes people to get high.
theTampa Bay, Fla., office ofWorkforce
QA, a nationwide third-party adminis­
trator of drug free workplace programs.
“Additionally, employees may be using a
larger quantity of CBD than normal.
In either case, the employee’s drug test
may detectTHC above the cut-off
stop testing for marijuana, because of the complexity of the
issues, litigation risk and limited availability of workers,” says
Caldwell. Whether a test ban is a good idea depends on the
laws of the state or states where your business is located, and
the nature of your business.
And putting a halt to testing is no panacea, says Caldwell.
“Not testing poses its own risks – such as decreased productiv­
ity and employee-safety issues.”
Indeed, a total testing ban can keep the employer from de­
termining if a certain accident was caused by marijuana use. “If
I were advising an employer who was adamant about dropping
their marijuana testing, 1 would urge them to at least test for
marijuana post-accident,” says Reilly.
Communicate with employees
Testing, then, may not disappear from the workplace any­
time soon. But if testing alone can’t cover all the bases, how
does an employer know an employee is impaired by marijuana
use? “There is no exact answer,” says Caldwell. “I encourage
my clients to train supervisors to spot behavior that is charac­
teristic of impairment, and to have policies that call for specific
steps to take. Such steps might include writing a report on what
is observed, taking a drug test and removing the employee
temporarily from duty.”
Whatever the decision your business makes on drug poli­
cies, communication with the workforce is critical. “I like a
lot of transparency on this topic,” says Caldwell. “Let your
employees know your policy and if it calls for accommodation.
And give people the opportunity to do the right thing by telling
them they cannot come to work impaired and they cannot use
marijuana in the workplace.”
Take extra care with those employees who have said they
www.metalcenternews.com
So what can employers do? Smith ad­
vises telling employees something like this:
“ We are not prohibiting the use of
CBD, but you are using it at your own
risk because we do test forTHC. If your
CBD product contains enough THC,
and you use it frequently enough, you may
test positive forTHC.You will then incur
the disciplinary actions consistent with a
positive drug test.”
are using the substance. “I encourage employers to have can­
did conversations with workers who are using marijuana,” says
Caldwell. “Talk with them about when they use it, how they
use it, and what to do to avoid being impaired on the job.”
Insurance rates
As we have seen, the growing number of state laws legal­
izing marijuana is causing an increase in the use of the drug by
employees. Will that translate into higher rates for employers’
liability and workers compensation insurance? Experts say it’s
too early to tell, but the answer could well be yes.
“It could take a few years, but we anticipate higher
insurance rates in those states legalizing marijuana,” says
Ronshausen. “In a study reported by the National Institute on
Drug Abuse, U.S. employees who tested positive for marijuana
had 55 percent more industrial accidents, and 85 percent more
injuries, than employees who tested negative.”
Rates may also increase for a related reason. “In those
states that offer workers compensation insurance discounts to
employers who maintain drug-free workplaces, drug testing
is required – and it must include testing for marijuana,” says
Smith. “If employers decide to not test for marijuana, they risk
losing their insurance premium discount.”
Tailor policies
The successful workplace policy will be tailored to the spe­
cific needs of an employer’s workplace. To avoid costly er­
rors, experts advise seeking legal counsel, looking at your state
laws, updating your policies and educating your workforce.
“There is no one-size-fits-all answer to the question of a
workplace marijuana policy,” says Caldwell. “We are still in
our infancy on this topic.
■
M etal C e n te r News — November 2019
I 29
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UNIT II STUDY GUIDE
Ethics in Employment
Course Learning Outcomes for Unit II
Upon completion of this unit, students should be able to:
4. Examine the role of leadership in corporate culture, leadership styles, and how they affect ethical
decision making.
4.1 Analyze what a leader should consider while facing the ethics of drug testing in the employment
setting.
Reading Assignment
In order to access the following resource(s), click the link(s) below:
Cranford, M. (1998). Drug testing and right to privacy: Arguing the ethics of workplace drug testing. Journal of
Business Ethics, 17(16), 1805-1815. Retrieved from
https://libraryresources.columbiasouthern.edu/login?url=http://search.ebscohost.com/login.aspx?direc
t=true&db=bth&AN=12146315&site=ehost-live&scope=site
Ford, J., Willey, L., White, B. J., & Domagalski, T. (2015). New concerns in electronic employee monitoring:
Have you checked your policies lately? Journal of Legal, Ethical & Regulatory Issues, 18(1), 51-70.
Retrieved from
https://link.gale.com/apps/doc/A423819245/ITOF?u=oran95108&sid=ITOF&xid=c449333b
Simms, M. (1994). Defining privacy in employee health screening cases: Ethical ramifications concerning
employee/employer relationship. Journal of Business Ethics, 13(5), 315-325. Retrieved from
https://libraryresources.columbiasouthern.edu/login?url=http://search.ebscohost.com/login.aspx?direc
t=true&db=bth&AN=12134933&site=ehost-live&scope=site
Navigate to and read the following sources on the Internet:
Steingold, F. (n.d.). Monitoring employees’ off-duty conduct. Retrieved from http://www.nolo.com/legalencyclopedia/monitoring-employees-off-duty-conduct-29994.html
The U.S. Equal Employment Opportunity Commission. (n.d.). The ADA: Your employment rights as an
individual with a disability. Retrieved from http://www.eeoc.gov/facts/ada18.html
Unit Lesson
Click here to access an introduction
video.
Click here to access the introduction video transcript.
BBA 4751, Business Ethics
1
UNIT x STUDY GUIDE
Title
Click here to access a video that briefly
introduces topics in this unit.
Click here to access the video transcript.
In the small North Carolina town of Mayberry, Sheriff Andy Taylor serves as the primary law enforcement
officer. He leads a quiet, humble life with his son and his Aunt Bea. Sheriff Taylor oversees the legal matters
of Mayberry—along with the county jail—with the assistance of Deputy Barney Fife. Deputy Fife is a very
active law enforcement officer, ready and willing to confront any issue that may arise in Mayberry. His
overzealous enthusiasm requires much of Sheriff Taylor’s time, as he seems to end up on the wrong side of
most situations. The long-standing relationship between the sheriff and his deputy creates numerous ethical
dilemmas for Sheriff Taylor, as Sheriff Taylor feels a strong responsibility to protect his deputy from a
disapproving public and from the deputy himself.
Sheriff Taylor resorts to manipulation of the facts to rescue Deputy Fife from circumstances primarily created
by the deputy. Half-truths or outright falsehoods are used to restore his deputy to t…
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