Good afternoon colleagues,
I've asked this question before but have never received a response from any of the "we don't employ anyone who tests positive for THC" hospitals:
A 60-year-old
attendant in the hospital's gift shop undergoes chemotherapy for
breast cancer. During the first round of chemo, she is
constantly nauseated. She feels miserable. She vomits
frequently. She loses 30 pounds.
During her second round of chemo, her oncologist (board-certified) recommends that she try medical marijuana, which her state legislature has legalized. She is not constantly nauseated, she vomits much less frequently, and she loses no weight.
Six weeks later (six weeks after her chemo and six weeks since she last used marijuana), she prepares to return to work. Unfortunately, her RTW drug screen is positive for THC and her employment (and health care benefits) are immediately terminated.
There are no
"safety-sensitive" duties in her job description, she is not
employed in a federal facility, and she has followed
professional medical advice from a licensed physician. Six weeks
after her last use of marijuana, she clearly is not impaired by
it in any way.
I would
invite comments from any Employee Health practitioner in a "we don't employ
anyone who tests positive for THC" hospital regarding the
justification for depriving this woman of her livelihood.
NOTE: Please
respond to me personally rather than to the list as a whole,
since I'm not trying to start an on-line quarrel: I would simply
like to hear a logical argument either from a hospital attorney
or from any Employee Health professional who is involved in the
RTW process as to how this can be considered legally, morally or
ethically justified.
Respecfully,
Joe Fanucchi
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