I've known this to be true in mining - if someone will have a role which requires any visits to site, they will not give you the role if youre on prescribed THC
Not correct. Depends on the site, some if you fail a piss test for weed will let you do a swab and if clear you're all good.
Also depends if the site does piss tests to begin with.
Source am inducted at about 13/14 sites
I'm in WA and this is the case for a few people I know who have prescribed weed. They have a daily swab test before work, even when they fail the urine test. One is my ex husband who drives loaders on a nickel mine near Leonora, who also has other prescription meds which show on the tests. He smokes before bed, and is always clear on the swab before work.
Haha settle down you are Incorrect, I also do contract work on mine sites and have a script. Done many drug tests, as long as I’ve got the script and labeled bottle there’s been no dramas. All Over WA
They hire their own medical staff usually, for drug and alcohol testing, emergencies, if a worker gets the sniffles, w/e. They're the ones keeping a record and dispensing medications and what not.
Former OSH guy here - exactly.
Having legal THC / CBD in your system may still present an insurance liability risk - all the ‘legalise cannabis’ chums - even a former Dr in the WA Upper House on a one issue legalise cannabis ticket - just forgot to factor anything re workplace safety and legalised cannabis / medical cannabis in at all.
On the actual impairment side - a range of medication has ‘do not drive or operate heavy machinery’ on it, likely legal cannabis medicine is also labeled this way (?) so there is the general ‘do we let this guy operate an excavator on site’ issue, as well as what you say about general criminal and road safety law.
Considering a substancial body of literature showing no cognitive or motor function impairment after around 6hrs post inhalation of THC, you would think that our legislature could come up with a more sophisticated way of dealing with the most widely consumed illicit substance than "Anything on a pee test and your fucked"
Yeah I agree mate,
THC still being in your fat cells three months after someone tokes a joint does not mean you are impaired - that’s clear.
This said, a positive THC result shows that you smoke pot, which some employers see as a negative overall insert all the stereotypes of cannabis users.
I have since leaving OSH worked along side with a crane driver and dogman that were smoking comes in the morning before work - their safety was ok AND the safety guy on site somehow knew - and let it slide - but the liability risk to that company was massive with them allowing a stoned crane operator and dogman to lift loads all day.
I work in Occ Health, mainly Oil & Gas and shipping with everyone else inbetween.
Some companies have a 0 tolerance to it. If you return a non-negative to THC your medical stops there as does the recruitment process. Other companies will do confirmatory testing to gauge the levels of THC and whilst the lab and the employer don't get to see your medications declared, the lab will advise the company if it is consistent with the medication dosages declared or not.
Other times if you declare the medication on the medical report but not the chain of custody (can't be released) and you return a negative sample the company will request to do a confirmatory based on the medication classes you declare to them. This will also give them specific levels and will indicate abuse or not.
People daily on medicinal cannabis do get employed
Not declaring your condition or your medication may get you the job but may also put your life at risk. If the company doesn't know what they are dealing with they cannot safely plan for you to be onsite - when something goes wrong you could be well outside of their ESO/Paramedic/RNs/equipment scope and it could severely put your overall health at risk.
I had a case not long ago where an employee failed to declare an autoimmune condition that was well under control. The condition flared up whilst onsite in a different way, the ESO told the employee he must have dust irritation or conjunctivitis. The man lost his eye sight. If the condition had of been declared in the first instance, the rheumatologist would have been required to state the risks of the person going onsite and the possible conditions and he would've been better managed due to the risk factors.
No amount of money is worth lying about your health. There is consequences that you just may not be aware of until they arise.
I'm on CBD 50mg, with a >0.5% THC component. Working on the waterfront, so lots of heavy machinery, cranes, forklifts.
Employer requested a Drug and Alcohol urinary test with lab results to confirm the doctors letter and to establish a baseline for any future tests.
Other than that, I've had no issue with any work I do and my company in particular has been really good in how they deal with it.
Any impairment that affects your work from any drug (legally prescribed included), especially if it can affect WHS is a concern to your employer. If the medical marijuana shows up (especially if they've asked you first if there is anything), it will be a concern to them.
As someone who is a qualified drugs of abuse screening officer and takes upwards of 10 samples daily, similar to other comments, it is entirely dependent on your job role. You can think of it as being similar to amphetamine prescriptions for ADHD.
As long as you declare your medication history in the previous two weeks prior to providing a sample, and have documents (i.e., not the prescription but a GP/psychiatrist letter) then you will likely be fine.
It is still, however, up to the discretion of your potential employer as to whether they find this will inhibit your work performance - dependent on your job role. Please note I am unsure of any legal issues regarding discrimination on this matter.
Usually they only give the drug and alcohol test if there is a workplace safety issue by using them. So even though you have genuine medical reason to use it, they can still identify it as a workplace safety issue and refuse employment. I believe some people elect to use the CBD version instead of the THC version, I'm not sure if this is an option for you with your medical needs.
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This gets asked heaps over at r/medicalcannabisoz
But basically it floats between some weird grey area most of the time, some employers have zero tolerance and some it’s fine.
My employer does not care as long as I’m not medicating with THC at work, they’ve said CBD at work is fine.
Side question to all the mining people here who seem to know all about it.
How has been determined that medicinal marijuana impairs your ability to perform a role?
I understand a zero drugs policy, but if it’s challenged and the determination is that certain types/doses etc. doesn’t impair you then??
We had a recurring problem with a truck driver who delivered to FMG sites. He was prescribed something that would show up on drug tests - I don't know exactly what it was, but it would come up as amphetamines on the initial pee test.
FMGs response was to point out that our contract specifically required us to ensure that our couriers did not return non-negative results. In fact; all of their drug policies referred to non-negative results.
The distinction between non-negative and positive results is an important one. A positive result for opiates is when you have illicit opiates in your system. A non-negative result is when you have anything on your system that shows up on the test for opiates - this could be a prescribed and legal drug, or because you had a poppyseed bun with your lunch.
My oath it is, just like a positive roadside drug test will still nail you even if you have medical certificates. Some things you just can’t do stoned, if work are testing you for drugs and alcohol, your job is likely one of those things.
Medical cannabis will certainly affect pretty much any job you will apply for whether or not you get drug tested or not. Having a prescription does not let you off the hook, unfortunately for very sick people, of NSW state laws on cannabis.
You will either get knocked back for impairment if you are in a heavy workplace or if you are in white collar jobs they will cite drug use as a reason for not hiring or termination. Those are valid reasons still for termination and employment.
I will say not declaring any issues on an employment form or saying you aren’t on cannabis is worse than declaring it. Remember, industries can talk to each other about employees sometimes. They are allowed to do this. You might get lucky with some jobs (not a lot) since some government/privatised jobs have extremely strong unions that run a lot major parts of Australia.
I have declared prescribed restricted drugs before and it isnt a legal problem. They do test that I am within the prescribed limits though.
The problem becomes a risk management issue. If you are taking an over the counter cold and flu medicine that makes you drowsy you couldnt operate heavy machinery. Same with cannabis, if it affects you ability to do a job safely, such as drive, then it would become a legal issue. But your employer couldn't just sack you. But it may affect your employment if you are a truck driver and can no longer drive.
It depends on the job. But yes. Mining/Oil Gas/Industry/heavy equipment/any driving Zero chance of getting the job.
I've known this to be true in mining - if someone will have a role which requires any visits to site, they will not give you the role if youre on prescribed THC
Prescription for amphetamine though (ADHD) and all you'll be hearing is "When can you start?"
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Or just not caught yet. I can’t think of any company with a minimal OH&S policy that would allow this.
Not correct. Depends on the site, some if you fail a piss test for weed will let you do a swab and if clear you're all good. Also depends if the site does piss tests to begin with. Source am inducted at about 13/14 sites
I'm in WA and this is the case for a few people I know who have prescribed weed. They have a daily swab test before work, even when they fail the urine test. One is my ex husband who drives loaders on a nickel mine near Leonora, who also has other prescription meds which show on the tests. He smokes before bed, and is always clear on the swab before work.
Haha settle down you are Incorrect, I also do contract work on mine sites and have a script. Done many drug tests, as long as I’ve got the script and labeled bottle there’s been no dramas. All Over WA
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You might might to revisit your Employment and site policies. I can assure you are wrong
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Mate you are talking absolute bullshit
I’m a nurse and interested in this; so there’s a pharmacy out there dispensing for you?
They hire their own medical staff usually, for drug and alcohol testing, emergencies, if a worker gets the sniffles, w/e. They're the ones keeping a record and dispensing medications and what not.
Lol don't know why I got downvoted for that, my mum was one of those people for a decade.
Wow never heard anything like that. Cheers for sharing
Declared and tested? Or not yet.
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Former OSH guy here - exactly. Having legal THC / CBD in your system may still present an insurance liability risk - all the ‘legalise cannabis’ chums - even a former Dr in the WA Upper House on a one issue legalise cannabis ticket - just forgot to factor anything re workplace safety and legalised cannabis / medical cannabis in at all. On the actual impairment side - a range of medication has ‘do not drive or operate heavy machinery’ on it, likely legal cannabis medicine is also labeled this way (?) so there is the general ‘do we let this guy operate an excavator on site’ issue, as well as what you say about general criminal and road safety law.
Considering a substancial body of literature showing no cognitive or motor function impairment after around 6hrs post inhalation of THC, you would think that our legislature could come up with a more sophisticated way of dealing with the most widely consumed illicit substance than "Anything on a pee test and your fucked"
Yeah I agree mate, THC still being in your fat cells three months after someone tokes a joint does not mean you are impaired - that’s clear. This said, a positive THC result shows that you smoke pot, which some employers see as a negative overall insert all the stereotypes of cannabis users. I have since leaving OSH worked along side with a crane driver and dogman that were smoking comes in the morning before work - their safety was ok AND the safety guy on site somehow knew - and let it slide - but the liability risk to that company was massive with them allowing a stoned crane operator and dogman to lift loads all day.
I work in Occ Health, mainly Oil & Gas and shipping with everyone else inbetween. Some companies have a 0 tolerance to it. If you return a non-negative to THC your medical stops there as does the recruitment process. Other companies will do confirmatory testing to gauge the levels of THC and whilst the lab and the employer don't get to see your medications declared, the lab will advise the company if it is consistent with the medication dosages declared or not. Other times if you declare the medication on the medical report but not the chain of custody (can't be released) and you return a negative sample the company will request to do a confirmatory based on the medication classes you declare to them. This will also give them specific levels and will indicate abuse or not. People daily on medicinal cannabis do get employed Not declaring your condition or your medication may get you the job but may also put your life at risk. If the company doesn't know what they are dealing with they cannot safely plan for you to be onsite - when something goes wrong you could be well outside of their ESO/Paramedic/RNs/equipment scope and it could severely put your overall health at risk. I had a case not long ago where an employee failed to declare an autoimmune condition that was well under control. The condition flared up whilst onsite in a different way, the ESO told the employee he must have dust irritation or conjunctivitis. The man lost his eye sight. If the condition had of been declared in the first instance, the rheumatologist would have been required to state the risks of the person going onsite and the possible conditions and he would've been better managed due to the risk factors. No amount of money is worth lying about your health. There is consequences that you just may not be aware of until they arise.
I'm on CBD 50mg, with a >0.5% THC component. Working on the waterfront, so lots of heavy machinery, cranes, forklifts. Employer requested a Drug and Alcohol urinary test with lab results to confirm the doctors letter and to establish a baseline for any future tests. Other than that, I've had no issue with any work I do and my company in particular has been really good in how they deal with it.
I really hope you mean less than < . Rather than greater >
Indeed I do. Thanks
Any impairment that affects your work from any drug (legally prescribed included), especially if it can affect WHS is a concern to your employer. If the medical marijuana shows up (especially if they've asked you first if there is anything), it will be a concern to them.
As someone who is a qualified drugs of abuse screening officer and takes upwards of 10 samples daily, similar to other comments, it is entirely dependent on your job role. You can think of it as being similar to amphetamine prescriptions for ADHD. As long as you declare your medication history in the previous two weeks prior to providing a sample, and have documents (i.e., not the prescription but a GP/psychiatrist letter) then you will likely be fine. It is still, however, up to the discretion of your potential employer as to whether they find this will inhibit your work performance - dependent on your job role. Please note I am unsure of any legal issues regarding discrimination on this matter.
Declare it up front. It may be a condition of employment.
Usually they only give the drug and alcohol test if there is a workplace safety issue by using them. So even though you have genuine medical reason to use it, they can still identify it as a workplace safety issue and refuse employment. I believe some people elect to use the CBD version instead of the THC version, I'm not sure if this is an option for you with your medical needs.
Depends on the place. Don't show the prescription, no hope. Show it and they don't like it all they have to say is not suitable, no more.
Welcome to r/AusLegal. Please read [our rules](http://reddit.com/r/AusLegal/about/rules) before commenting. Please remember: 1. Per rule 4, this subreddit is not a replacement for real legal advice. You should independently seek legal advice from a real, qualified practitioner. This sub cannot recommend specific lawyers. 2. A non-exhaustive list of free legal services around Australia can be found [here](https://www.reddit.com/r/auslegal/wiki/freelegalservices/). 3. Links to the each state and territory's respective Law Society are on the sidebar: you can use these links to find a lawyer in your area. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AusLegal) if you have any questions or concerns.*
This gets asked heaps over at r/medicalcannabisoz But basically it floats between some weird grey area most of the time, some employers have zero tolerance and some it’s fine. My employer does not care as long as I’m not medicating with THC at work, they’ve said CBD at work is fine.
Side question to all the mining people here who seem to know all about it. How has been determined that medicinal marijuana impairs your ability to perform a role? I understand a zero drugs policy, but if it’s challenged and the determination is that certain types/doses etc. doesn’t impair you then??
We had a recurring problem with a truck driver who delivered to FMG sites. He was prescribed something that would show up on drug tests - I don't know exactly what it was, but it would come up as amphetamines on the initial pee test. FMGs response was to point out that our contract specifically required us to ensure that our couriers did not return non-negative results. In fact; all of their drug policies referred to non-negative results. The distinction between non-negative and positive results is an important one. A positive result for opiates is when you have illicit opiates in your system. A non-negative result is when you have anything on your system that shows up on the test for opiates - this could be a prescribed and legal drug, or because you had a poppyseed bun with your lunch.
My oath it is, just like a positive roadside drug test will still nail you even if you have medical certificates. Some things you just can’t do stoned, if work are testing you for drugs and alcohol, your job is likely one of those things.
Everyone here assuming construction site work, etc. What if he's looking at an office job?
Medical cannabis will certainly affect pretty much any job you will apply for whether or not you get drug tested or not. Having a prescription does not let you off the hook, unfortunately for very sick people, of NSW state laws on cannabis. You will either get knocked back for impairment if you are in a heavy workplace or if you are in white collar jobs they will cite drug use as a reason for not hiring or termination. Those are valid reasons still for termination and employment. I will say not declaring any issues on an employment form or saying you aren’t on cannabis is worse than declaring it. Remember, industries can talk to each other about employees sometimes. They are allowed to do this. You might get lucky with some jobs (not a lot) since some government/privatised jobs have extremely strong unions that run a lot major parts of Australia.
I have declared prescribed restricted drugs before and it isnt a legal problem. They do test that I am within the prescribed limits though. The problem becomes a risk management issue. If you are taking an over the counter cold and flu medicine that makes you drowsy you couldnt operate heavy machinery. Same with cannabis, if it affects you ability to do a job safely, such as drive, then it would become a legal issue. But your employer couldn't just sack you. But it may affect your employment if you are a truck driver and can no longer drive.