THC
TESTING
CALIFORNIA- Assembly Bill No. 2188
This bill, on and after January 1, 2024, would also make it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person, if the discrimination is based upon the person’s use of cannabis off the job and away from the workplace, except for preemployment drug screening, as specified, or upon an employer-required drug screening test that has found the person to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids. The bill would exempt certain applicants and employees from the bill’s provisions, including employees in the building and construction trades and applicants and employees in positions requiring a federal background investigation or clearance, as specified. The bill would specify that the bill does not preempt state or federal laws requiring applicants or employees to be tested for controlled substances as a condition of employment, receiving federal funding or federal licensing-related benefits, or entering into a federal contract.
Bill Text - AB-2188 Discrimination in employment: use of cannabis.
2024 Drug Testing in the Workplace: Key Updates for California Employers, Safety Managers, and HR Professionals
In 2024, workplace drug testing in California continues to be a critical element in maintaining safety and compliance, particularly in industries like transportation, construction, and healthcare. However, recent legal developments and evolving societal attitudes toward substances like cannabis have led to changes that employers and HR professionals must understand.
1. Cannabis and Workplace Testing:
Although California legalized recreational cannabis in 2016, employers retain the right to maintain drug-free workplace policies. A significant update in 2024 is the continued push for clarity around impairment testing. With cannabis lingering in the system long after use, new technologies and approaches are emerging to detect active impairment rather than residual presence, helping employers ensure on-the-job safety without infringing on employee rights. Surety Mobile Drug Testing offers a variety of testing options, including instant results in most cases, to help you meet these evolving standards. As California's leader in onsite THC testing, Surety Mobile provides reliable, compliant solutions tailored to fit your company’s needs. Contact Surety today to ensure you’re fully supported with effective, legally sound testing practices.
2. Compliance with AB 2188 (Effective 2024):
AB 2188, which goes into effect in January 2024, restricts employers from penalizing workers based solely on non-psychoactive cannabis metabolites found in drug tests. This law is particularly relevant to pre-employment testing, and employers should adjust their policies to focus on impairment rather than past cannabis use. However, the law does not apply to jobs where federal testing regulations still govern, such as those in the transportation sector.
3. The Importance of Random Drug Testing for Safety-Sensitive Roles:
In high-risk industries, random drug testing remains essential to maintaining workplace safety. The emphasis continues to be on ensuring employees in safety-sensitive positions are free from substances that could impair judgment or performance. This includes not only illegal drugs but also prescription medications that may affect an employee’s ability to perform their duties safely.
4. Expanded Testing Panels and Synthetic Drug Use:
With the rise of synthetic drugs like fentanyl and other designer drugs, many employers are expanding their testing panels beyond the traditional 5-panel test. Including more comprehensive screening can help detect newer drugs that pose significant safety risks.
5. Best Practices for Employers:
Employers and safety managers should regularly update their drug testing policies to reflect changes in state and federal law, as well as industry standards. HR departments must ensure clear communication of these policies to all employees, providing training where necessary. It's also important to document testing procedures meticulously and ensure compliance with the latest privacy and anti-discrimination laws.
In conclusion, California employers must stay informed and flexible in response to legal developments while balancing workplace safety and employee rights. With 2024 ushering in key changes, a proactive approach to workplace drug testing is critical. Surety Mobile Drug Testing is here to support you with comprehensive testing options, instant results, and the expertise to ensure your workplace stays compliant and safe. Contact us today to learn how we can assist your organization.
What We
Offer
Instant oral fluid drug testing offers significant advantages over other testing methods, including non-intrusive sample collection, rapid results, detection of recent substance use, and lower risk of tampering. It’s cost-effective, easy to administer in the workplace, and doesn’t require specialized facilities, making it ideal for employers focused on safety and compliance. Oral fluid testing is particularly effective for identifying recent marijuana use, helping employers maintain a secure work environment. Surety Mobile Drug Testing provides industry-leading, high-sensitivity oral fluid testing kits to deliver accurate, reliable results. Results are categorized as either negative (no substance detected) or non-negative (substance detected), signaling the need for further confirmation testing.
Saliva-based drug testing provides several advantages compared to alternative methods. These include a non-intrusive sample collection process, quick result turnaround, the ability to detect recent substance use, a lower risk of tampering or adulteration, cost-effectiveness, and easy administration in workplace settings without the need for specialized facilities. Oral fluid testing offers an efficient way for employers to ensure a secure work environment by identifying concerns related to marijuana usage among their workforce. Surety Mobile Drug Testing specializes in laboratory-based oral fluid testing processed through SAMHSA Certified laboratories.
The timeframe for detecting THC metabolites in urine starts a few hours after use and may extend up to 30 days. Urine is the predominant sample for cannabis testing, primarily due to its longstanding use and the mandate from federal agencies and contractors. The duration of detection depends on factors like the donor's frequency of use and testing cutoff levels. The urine detection window is longer than that of oral fluid since THC undergoes metabolism into different inactive metabolites before being excreted. In urine testing, the focus is on these metabolites rather than THC itself. Surety is able to provide results instantly at the collection point, typically within a few minutes. It operates as an immunoassay screening, designed to identify any presence of a particular category of drugs in the specimen. The outcome is categorized as either negative (indicating absence) or non-negative (suggesting presence). It's important to note that an instant drug test doesn't officially confirm a "positive" result; instead, it flags the need for further confirmation through a more comprehensive testing method.
The timeframe for detecting THC metabolites in urine starts a few hours after use and may extend up to 30 days. Urine is the predominant sample for cannabis testing, primarily due to its longstanding use and the mandate from federal agencies and contractors. The duration of detection depends on factors like the donor's frequency of use and testing cutoff levels.
The urine detection window surpasses that of oral fluid since THC undergoes metabolism into different inactive metabolites before being excreted. In urine testing, the focus is on these metabolites rather than THC itself.
Hair testing is commonly employed to identify a prolonged and repetitive pattern of substance use. THC metabolites can be identified in hair approximately one week after drug ingestion and can be traced for up to three months, depending on the length of the hair analyzed. Hair tests typically offer the longest detection window, extending up to 90 days after cannabis use.
Similar to urine tests, hair tests do not directly measure THC but instead target the non-psychoactive THC metabolite, THC-COOH. In this method, each centimeter of hair length, starting from the scalp, corresponds to an approximate one-month detection window
Surety Mobile Drug Testing now offers 24-hour service for all marijuana THC testing needs across the Central Valley, Bay Area & Southern California, making it easier than ever for California employers to maintain compliance and workplace safety. Whether you need rapid, onsite testing during regular business hours or after-hours support, our team is ready around the clock to meet your needs. With instant testing options and reliable, high-sensitivity THC detection, Surety Mobile provides accurate results whenever you need them, ensuring your team remains compliant and your workplace secure. Reach out today to learn more about our 24-hour THC testing solutions tailored for California employers.
