Employer Drug Testing

[badbert]

Please forgive my double post. I originally posted this as a reply, but thought it better as a question...

 

I have a thought on this subject, and feel free to correct me where I am wrong.

Purely hypothetical situation... If I am sent to a clinic for a drug test, and I test positive for anti-depressants, Vicodin, Codeine, or even AIDs drugs, and I provide the clinic with my prescription from the doctor. Wouldn't it be a violation of my HIPAA rights to report these drugs to my employer? So if I show them that I am a legal user by my doctor recommendation and/or my registered card, and they still inform my employer... Wouldn't that be a violation of my HIPAA rights? And wouldn't that open the clinic up to legal recourse?

I am reminded of a conversation that Greg Francisco had with a social security worker, where he asked her if cardusers would have a problem with testing positive. Her answer was something like, not if it's legal, then there is no problem.

[Phil78]

but, legal or not, a michigan employer does not have to accept your use of mj

[badbert]

but, legal or not, a michigan employer does not have to accept your use of mj

thanx for your reply. I fully understand your point. I also understand the reasons why the law was written this way. For example, you should not be operating machinery or equipment while taking Vicodin (for example) and you should report to your company that you are taking them... But the clinic can't report to your company that you tested positive for them, if you have a prescription. Or can they?

My question is not about the employer, it is about the clinic. And your rights to medical privacy?

[Mr. Wolf]

<I am not a legal professional>

 

It's seems logical to me. If the clinic reported that you use medical cannabis, and you presented your card, they would be violating your rights.(in my opinion)

 

It's true your employer doesn't have to accept your use of cannabis at work, but that is outside of the scope of this topic. You are not employed at the time of the drug test. The clinic preforming the test isn't allowed to release a list of your medications to your potential employer.

[badbert]

<I am not a legal professional>

You are not employed at the time of the drug test. The clinic preforming the test isn't allowed to release a list of your medications to your potential employer.

So are they allowed to supply a list to your current employer? Assuming you are employed?

[Guest 1TokeOverLine]

Being the Devil's Advocate, if you qualify with a debilitating medical condition severe enough to become a medical mj patient under a compassion law, would you even have an employer? And if you are lucky enough to have an employer, wouldn't that mean that you really have no debilitating condition to warrant patient status?

 

(I think the compassion the voters referred to is compassion for seriously suffering terminal ill patients with no recourse left to maintain at least a small percentage of quality of life, not compassion for someone that can still work and function in society with an occasional recreational buzz.)

 

Don't get me wrong - to be persecuted in any way shape or form for your preference to a plant is ludicrus and insane. But, recreational use and use for imagined or fabricated conditions is a slap in the face to those of us that have one foot on the banana peel with little to look forward to, let alone be graced with the ability to work...

 

It's one thing to turn to alternate experimental medicine as a last resort, and quite another to use compassion as an crutch to cope with minor irritations in life under the guise of a medical condition.

 

1T

[badbert]

Being the Devil's Advocate, if you qualify with a debilitating medical condition severe enough to become a medical mj patient under a compassion law, would you even have an employer? And if you are lucky enough to have an employer, wouldn't that mean that you really have no debilitating condition to warrant patient status?

 

(I think the compassion the voters referred to is compassion for seriously suffering terminal ill patients with no recourse left to maintain at least a small percentage of quality of life, not compassion for someone that can still work and function in society with an occasional recreational buzz.)

 

Don't get me wrong - to be persecuted in any way shape or form for your preference to a plant is ludicrus and insane. But, recreational use and use for imagined or fabricated conditions is a slap in the face to those of us that have one foot on the banana peel with little to look forward to, let alone be graced with the ability to work...

 

It's one thing to turn to alternate experimental medicine as a last resort, and quite another to use compassion as an crutch to cope with minor irritations in life under the guise of a medical condition.

 

1T

So no one with asthma or epilepsy can have a job? You must be disabled to use MMJ? I am asking a simple question involving a hypothetical situation, your response doesn't answer. Does the clinic have the legal right to provide an employer with a list of drugs your doctor prescribed?

I am disabled, like you I suffer from COPD. Mine is chronic asthmatic bronchitis. I also have three herniated discs. I had to medically retire from my dream job of 20 years. I have no hope of ever obtaining gainful employment. I am not trying to beat a drug test of any kind. I am asking a question... that is all...

[KushQueen]

From the research I have done, any company in Michigan or any other MM state, can choose to follow state or federal laws. They can and have fired or not hired people for use of marijuana. I know someone who was fired for it. Nothing he can do. Sad to say but most people see it as a drug still not medication. So if you want the "job" refrain from using until you pass the test and if you get hurt on the job, do not say anything other wise you will be getting fired. Sorry to say.

[Guest 1TokeOverLine]

No bad intent, badbert, just bein Devil's Advocate, and you're right I apologize for being off topic. Medication side affect is shakes and mood shifts. LOL

 

As a civil service post employee I was told that the insurance companies force the drug testing and notifications. The employers are coerced into drug testing for breaks on rates.

 

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