Survey: Few plastics firms have addressed legalization of marijuana

Ninety-four percent of all manufacturing companies surveyed by the Manufacturers Association for Plastics Processors and two affiliated groups have drug policies in place. But few firms have addressed legalization of marijuana, including those that operate in states where pot has been approved for medical or recreational use.

"The need for skilled labor, the changing state and federal drug laws and the opioid epidemic are issues that impact all manufacturers," said the study, "Drugs in the Workplace: Policies and procedures from U.S. manufacturing companies."

The nationwide survey was conducted by the Indianapolis-based MAPP, the American Mold Builders Association and the Association for Rubber Products Manufacturers. All respondents are members of one of the three trade groups.

The breakdown of respondents was 60 percent plastics processors, 23 percent mold builders and 17 percent rubber products makers. The Midwest accounted for the highest concentration of respondents.

Medical marijuana is now legal in 20 states, according to the study. Nine states, plus Washington D.C. also allow pot for recreational use.

MAPP said more than half of survey respondents — 56 percent — conduct business in states where marijuana is legal in some form. And even though most manufacturers' drug policies still don't specifically talk about medical marijuana, the study said legalization is having some effect.

"The legal status of marijuana has caused some manufacturers to alter their drug policies, eliminate testing for marijuana or avoid drug testing altogether," the report said.

Another finding: While the majority of manufacturers surveyed are in areas that are changing their marijuana laws and/or in locations hit by the opioid crisis, only 8 percent host in-site educational drug programs.

Here are some other findings from the survey:

• 81 percent always conduct pre-employment drug testing. Another 6 percent sometimes do it or test depending on the specific job. "Pre-employment screening has become a semistandard process in manufacturing," the report said. "Some organizations are even required to conduct pre-employment drug testing to receive their workers' compensation discount."

• But random drug testing is not as common. Just 28 percent of companies said they do random testing. Another 19 percent sometimes do them.

• 94 percent of companies conduct some type of drug testing after an accident — either always testing post-accident or by using the reasonable suspicion method.

• 54 percent of manufactures have an employee assistance program (EAP) in place for people struggling with drug and alcohol issues.

The MAPP report includes 48 actual company drug policies used by U.S. manufacturing firms. Company names were removed.

Some company policies say employees who test positive for drugs are immediately fired, but about 75 percent of the policies allow employees to remain on the job if they voluntarily admit their problem and seek help and treatment, either from a company EAP or local service providers.

The report lists several findings from the drug policies:

• The majority of policies have a "failure to cooperate" clause, which most often results in immediate termination if a worker does not attend a required drug test.

• About half the policies state company officials are allowed to inspect an employee's personal property for drugs and drug paraphernalia while he or she is at work.

• Several policies outline the right of an employee to contest the result of a drug test.

• In about 25 percent of the policies, an employee can admit he or she may fail a drug test ahead of time and seek assistance without termination.

Only three of the 48 drug policies in the report specifically talk about medical marijuana. One has a section called "State's Legalization of Controlled Substances" that says, "The state's legalization of federally banned substances will have no bearing on this drug testing program. It is important to note that marijuana remains a drug listed in Schedule 1 of the Controlled Substances Act. It remains unacceptable for any associate subject to drug testing under this policy."

Another company policy says that employees with a legal prescription for medical marijuana must disclose the use to the administrative staff. "Employees may be reassigned as needed based on safety concerns. Employees may not be discriminated against for positive drug testing based on cannabis components or metabolites unless the employee used, possessed or was impaired by medical cannabis on the premises of the place of employment or during the hours of employment."

Like many companies, a third firm's employment policy spells out the use of legal prescription medicine and over-the-counter drugs. But it adds this paragraph: "However, this does not extend any right to work under the influence of medical marijuana or to use medical marijuana as a defense to a positive drug test, to the extent an employee is subject to any drug-testing requirement, to the extent permitted by and in accordance with applicable law."