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Old 07-02-2010, 09:43 AM
 
268 posts, read 453,987 times
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That's probably because whatever contractor you work for doesn't require it. It has nothing to do with being union. Even the unions recognize the legitimacy of pre-employment drug screening and active employment drug screening as one of many ways to maintain a safe work environment and it is NOT something the unions fight against.
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Old 07-02-2010, 10:41 AM
 
1,262 posts, read 1,301,518 times
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Default We give up our rights too easily

Quote:
Originally Posted by Jeezy is BACK View Post
That's probably because whatever contractor you work for doesn't require it. It has nothing to do with being union. Even the unions recognize the legitimacy of pre-employment drug screening and active employment drug screening as one of many ways to maintain a safe work environment and it is NOT something the unions fight against.
If unions do not fight against this they should. Employment should be based on performance, not your body fluids, which you should not have to give up without cause. If they are really concerned about safety they should do ramdom performance testing, but they don't. Why? Drug testing primarily targets marijuana users because THC lingers in fatty tissue. Most other drugs, like alcohol, cocaine, heroin, etc will be out of the body in no more than 48 hours or less. Over the counter and prescription drugs are, according to the DEA, the most abused and the biggest threat, in America today, yet most drug tests are not looking for these legal drugs that are clearly impairing, and say so on their labels (do not operate equipment, may cause blurring of vision, dizziness, etc). So, most drug testing is not about safety, it's about discrimiation and persecution of alternative life style.
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Old 07-02-2010, 10:48 AM
 
9,803 posts, read 16,190,154 times
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Originally Posted by Beaconowner View Post
If unions do not fight against this they should. Employment should be based on performance, not your body fluids, which you should not have to give up without cause. If they are really concerned about safety they should do ramdom performance testing, but they don't. Why? Drug testing primarily targets marijuana users because THC lingers in fatty tissue. Most other drugs, like alcohol, cocaine, heroin, etc will be out of the body in no more than 48 hours or less. Over the counter and prescription drugs are, according to the DEA, the most abused and the biggest threat, in America today, yet most drug tests are not looking for these legal drugs that are clearly impairing, and say so on their labels (do not operate equipment, may cause blurring of vision, dizziness, etc). So, most drug testing is not about safety, it's about discrimiation and persecution of alternative life style.

----it's about discrimination and persecution of alternative lifestyle--

No, it's about employers not wanting dope heads/pot heads at their workplace risking the safety of others.
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Old 07-02-2010, 10:53 AM
 
1,262 posts, read 1,301,518 times
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Default The law is unreasonable and private employers hide behind it

Quote:
Originally Posted by rbohm View Post
that maybe, but if you have a drug test monday you will test positive ford marijuana in your system, and the test does not show when it got into your system, only that it is there. until such time as a test can prove that you didnt smoke within 8 hours, or what ever time frame the employers puts on this, you still get nailed for a positive drug test.
Yes, that is true, but how is that reasonable proof of impairment? With alcohol we have legal limits to protect those who may drink, but are not legally impaired. With marijuana we have no standards. An employer may fire you for any amount in your system, even a barely measurable amount. Just as use does not equal abuse, so also are there needed levels in the blood that must be reached for a drug to impair performance. Current law does not address this and the DEA will not permit responsible researchers in the US to research this topic, although i know of two universities that have applied. The University of Mass waited 10 YEARS in its application process, only to have the DEA eventually deny it permission to grow and reaearch marijuana. .
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Old 07-02-2010, 10:59 AM
 
48,502 posts, read 96,848,488 times
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Quote:
Originally Posted by Beaconowner View Post
If unions do not fight against this they should. Employment should be based on performance, not your body fluids, which you should not have to give up without cause. If they are really concerned about safety they should do ramdom performance testing, but they don't. Why? Drug testing primarily targets marijuana users because THC lingers in fatty tissue. Most other drugs, like alcohol, cocaine, heroin, etc will be out of the body in no more than 48 hours or less. Over the counter and prescription drugs are, according to the DEA, the most abused and the biggest threat, in America today, yet most drug tests are not looking for these legal drugs that are clearly impairing, and say so on their labels (do not operate equipment, may cause blurring of vision, dizziness, etc). So, most drug testing is not about safety, it's about discrimiation and persecution of alternative life style.
Bascailly the perfromance requirements and liablity of employers are likely to make it get tougher. The courts have have held smployers more responsible not less in recent years for providing a safe workplace and safety to the public dealing with their employees.Anyoe can sue over anyhting but that does not mean it will win or even get to court. Then likely it can take years as it does up the court ladder on appeal.Trail lawyers will fight it because they want employers held responsible for the actions of employeees ratehr than the emplooyeee because they always go after the money which the employee doesn't have in most cases.
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Old 07-02-2010, 11:12 AM
 
268 posts, read 453,987 times
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Quote:
Originally Posted by Beaconowner View Post
If unions do not fight against this they should. Employment should be based on performance, not your body fluids, which you should not have to give up without cause. If they are really concerned about safety they should do ramdom performance testing, but they don't. Why? Drug testing primarily targets marijuana users because THC lingers in fatty tissue. Most other drugs, like alcohol, cocaine, heroin, etc will be out of the body in no more than 48 hours or less. Over the counter and prescription drugs are, according to the DEA, the most abused and the biggest threat, in America today, yet most drug tests are not looking for these legal drugs that are clearly impairing, and say so on their labels (do not operate equipment, may cause blurring of vision, dizziness, etc). So, most drug testing is not about safety, it's about discrimiation and persecution of alternative life style.
A 6 panel standard drug screen tests for opiates. A few common prescription pain medications that contain opiates, and will show up on a drug test, include: Hydrocodone (Vicodin) Oxycodone (Oxycotin) Codeine Propoxyphene (Darvon) Meperidine (Demerol) Those will all get you fired, as they don't show up as "prescription medication", they show up as an opiate, i.e heroin. Read more, talk less.
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Old 07-02-2010, 11:26 AM
 
1,262 posts, read 1,301,518 times
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Default Not quite

Quote:
Originally Posted by Arus View Post
Correct. I dont care if its State allowed, WalMart is a national company and needs to follow FEDERAL laws. Federal Laws, Marijuana is illegal.

End of Story.
NO obviously it is not the end of the story. WalMart is not saying (yet, although it most certainly will be part of their legal defense) that they fired him because under federal law marijuana is illegal, what they are saying is that he failed a drug test and under THEIR drug policy as written in their policy manual manal, which HE signed, that is grounds for termination. I really don't expect him to prevail at trial. What I expect is that the suit is a strategy by the ACLU to force this issue into the public light so that WalMart will be willing to settle this case so that they avoid any more adverse publicity. WalMart does not want to appear as the bad guy going after a sick person and harming his family because they are following their internal company policies. That is the most likely outcome. WalMart cares about the public's perception, so they will want this to go away as soon as possible.
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Old 07-02-2010, 11:54 AM
 
Location: Santa Barbara
1,474 posts, read 2,918,058 times
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Originally Posted by Calvinist View Post
I don't much care if the drug is for medical reasons or not...if it impacts your ability to do the job, go find a new job.
From what I have read it didn't impact his ability to do the job. His injury wasn't due to him being medicated. He didn't smoke before or during work hours.

If mj is the only thing that gives him relief from his cancer, why not allow it? Isn't it better to keep him working and therefore contributing to society instead of having him give up and be on gov aid due to his disability/illness?

I am far more concerned about people that are taking prescription drugs such as pain pills or the drugs for neurological ailments such as lyrica. Those drugs need to be taken regularly and have nasty side effects. I was given lyrica for my ms and had to stop taking it (needed to take it 3X a day) because I could not function at all. I was told before I took it from many who were on it that you have a choice, your body or your brain. It helps with the physical issues but makes you think not quite so clearly. Maybe not everyones experience but that is what I was told prior to taking it and what I discovered once I did take it. At least with mj, you don't feel high when you aren't smoking/eating it. AND you don't have to smoke/eat it if you are feeling fine. You have to take the pills regardless of how you are feeling that particular day.

It is time for this country to realize that mj does have benefits and isn't just used for recreational reasons. Sure there will be some that abuse it and use recreationally but isn't that the case with pills as well?
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Old 07-02-2010, 11:56 AM
 
Location: Santa Barbara
1,474 posts, read 2,918,058 times
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Quote:
Originally Posted by Jeezy is BACK View Post
And how would you suggest an employer avoid hiring an employee who smokes pot at work aside from a standard drug test?
Unless Walmart is doing hair tests, these tests are extremely easy to beat.
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Old 07-02-2010, 12:03 PM
 
Location: Santa Barbara
1,474 posts, read 2,918,058 times
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Quote:
Originally Posted by rbohm View Post
so if an employee tokes up 15 minutes before work, that is ok with you?
No it wouldn't. Just like I don't want someone taking pain meds or drinking booze right before coming to work. I used to work at a police department and they had a rule you couldn't consume alcohol less than 5 hours before coming to work (after big holiday weekends some cops would breathalize themselves when getting to work to make sure they were sober enough, not as uncommon as you would like to think). Common sense is what it takes.
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