Marijuana Testing Policy Conflict

Summary

Massachusetts employee questions legality of continued random marijuana testing despite new company policy allowing off-time use for non-safety-sensitive roles. The employee, a welder, is still subjected to the old program due to not being officially released from it. Employment laws and company policies can vary, so consulting a local employment attorney for personalized advice is recommended.

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My company changed the drug policy for random marijuana tests, for the last two years I have been for a programs that tested me randomly(they called follow ups) well,when the policy changed they made me sign the acknowledgement of this policy,5 days after this change they tested me for drugs ,in which I failed because I thought it was no longer being tested, Luckily I was able to keep my job because of the conflict between the two, Now they are making continue on old program while my fellow workmates are free to partake on their off time, is this legal
What state are you located in? Employment laws can vary greatly from state to state.
Massachusetts
What is the specific policy your company has implemented regarding drug testing?
No more ramdoms for marijuana,unless they feel you are under the influence
What is the nature of your job and does it involve safety-sensitive tasks?
The policy is for safety sensitive personnel
What is your job role and does it involve handling safety-sensitive tasks?
I'm a welder, with spot free work history for injuries
What is the exact reason given by your employer for continuing your old program?
Because they had not released me from it
What is the exact wording of the new policy regarding marijuana testing?