How to Become AB2188 Compliant with Gaize
The January 1, 2024 Deadline
On January 1, 2024, California Assembly Bill 2188 (AB2188) goes into effect. AB2188 prohibits employers from discriminating against employees who legally use marijuana. It is intended to push employers to adopt testing technology that is indicative of impairment, and specifically bans employers from taking adverse action against employees who test positive for marijuana metabolites. This pre-employment drug tests, random drug tests, post-incident drug tests or reasonable suspicion drug tests. Rather, employers have to perform a test for active THC, or rely on Impairment Detection Technology, like Gaize.
The purpose of AB2188 is to create a fairer work environment for cannabis users. Since THC metabolites can linger in the body for months after the last use, taking adverse action based on those tests is discriminatory against legal cannabis users. The law takes a step in the right direction, but falls far short of the stated goal. Active THC can also linger in the body long after the last use – up to a week or more in many cases. In this way, AB2188 doesn’t go far enough to protect legal, safe, off-duty cannabis use. For employers that want to actually treat cannabis users fairly, they should not rely entirely on THC tests of any kind to make employment decisions.
Impairment Detection Technology is designed specifically to detect the way in which drugs like marijuana are impacting the body. Gaize, for example, is an ocular test for impairment that’s based on the long-standing and thoroughly researched Drug Recognition Expert examination.
In order to become compliant with AB2188, employers must drop THC metabolite tests. Rather, they should move toward Impairment Detection Technology in order to create a truly fair and compliant workplace. Gaize is the leading Impairment Detection Technology – it allows employers to detect active impairment from cannabis and other drugs, rather than just detecting prior use as with every chemical test. that helps employers comply with AB2188.
How to use Gaize to become AB2188 compliant:
To use Gaize to become AB2188 compliant, employers should contact us and purchase the appropriate numbers of devices and modify their workplace drug policy to reflect that change. Gaize contracts with trusted third parties to help our customers with their policy changes and in many cases, this can be done completely free of charge.
Gaize is an AB2188 compliant test for active impairment from cannabis, opioids, stimulants, and other drugs.
The product should be used as a first line of defense against workplace impairment. It can be used on-site, or by your Third Party Administrator (TPA).
Presumptive positive impairment results on Gaize can be backstopped with a THC test (non-metabolite) to create a robust body of evidence, allowing an employer to confidently make employment decisions.
Workplace drug policy considerations:
Employers should modify their workplace drug policy and conduct information sessions with employees to ensure that they understand their rights and responsibilities under AB2188. Gaize customers receive one hour of free legal consultation from a nationally renowned employment law firm upon signing up. This is intended to ensure successful deployments of Gaize, particularly when it comes to ensuring that workplace drug policies are up to date, legal, defensible, and appropriate.
With laws changing so rapidly, it’s vital that employers review their policies to avoid setting themselves up for legal challenges from employees who feel they’ve been discriminated against. These lawsuits are typically easily avoidable with appropriate company policies, so this should be front of mind.
Conclusion:
AB2188 is an important step towards a more fair employment system for legal cannabis users. While the changes may seem big to employers, they’re not difficult and should improve employee relations. By following the best practices listed above, employers can use Gaize to become AB2188 compliant. Gaize provides employers with a new tool that provides a high degree of confidence in whether or not an employee is actively experiencing on-the-job impairment.
It’s vital that employers become compliant with AB2188 or they risk steep fines and lawsuits from impacted employees. Although some employers have elected to simply stop worrying about marijuana at all, this is a mistake as it exposes the company to liability from workplace impairment as well as lower productivity.
It’s easy to strike a balance between a safe workplace and employee rights using Gaize.
