Does your company have a drug testing policy, and do you test for marijuana (THC)? Does your company have a driving record checking policy?

You might wonder what one has to do with the other. When you consider what makes a job “safety sensitive” you should consider anyone who drives for your company to be in a safety sensitive position. It does not matter if they drive their own vehicle, a company vehicle, or a rental vehicle. Once a person gets behind the wheel for any company business, even if it is only to pick up lunch for a meeting, the company can be held liable for any damage an employee does to another vehicle, to people, or to property.

If you are not running motor vehicle records checks on all employees who drive and they have an accident or an avoidable crash and the company is held liable, courts will not only consider what you knew, but also what you should have known.

You may still be asking yourself what that has to do with drug testing which includes testing for marijuana. Well, it could have a lot to do with it.

Researchers analyzed data from the Montgomery County, Ohio coroner records for fatal crashes and found that 41.9% of the deceased drivers had THC in their blood. The legal limits for concentration set by most states ranges from 2 to 5 ng/mL; the average concentration for those who had THC in their blood and had a fatal accident was 30.7 ng/mL. This high level suggests recent use of marijuana prior to driving. If you have been on the roads in any of the states that have legalized the use of marijuana in any way, you may have witnessed people smoking marijuana while driving.

The data studied was from January 2019 to September 2024. The positivity rates did not change significantly even after marijuana was legalized during that time period.

Akpofure P. Ekeh, MBBS, FACS, the lead author of the study stated, “The messaging over the last few years has been just the push towards recreational legalization,” and that “the problem is that from a public health standpoint, there has not been enough emphasis on some of the downsides and the dangers that can occur. People should treat smoking marijuana just like they treat alcohol: don’t smoke and drive.”

Now imagine the driver with the high concentration of THC in their blood who has a fatal accident has also harmed others while driving on company business. That is not a spot any employer would want to find themselves in.

Take the time to review your processes/procedures and make any necessary changes to provide the highest level of protection possible for your company. You should also review your company insurance policies to see if there is a requirement for motor vehicle checks listed in the policy.

ASE Connect

ASE Background Screening - ASE can help you run driver's record tests.  For more information contact Susan Chance.

ASE Drug Screening - ASE can service all your drug screening needs and assist you with creating or updating a drug screening policy.  For more information contact Susan Chance.

ASE Handbook Review - ASE can provide employee handbook review or update. If an organization does not have an employee handbook yet, ASE can develop a complete employee handbook customized to your organization’s policies and practices. For information about ASE employee handbook review and development services contact Michael Burns.

Sources: facs.org; news.ssbcrack.com