Positive Drug Tests Among U.S. Workers Hit Two-Decade High – And while it can still be tough to fill open roles, Link Staffing and the employers it works with still view marijuana use as a deal breaker.

Fewer employers tested applicants for marijuana last year than in 2020 as companies grappled with nationwide labor shortages

The percentage of working Americans testing positive for drugs hit a two-decade high last year, driven by an increase in positive marijuana tests, as businesses might have loosened screening policies amid nationwide labor shortages.

Of the more than six million general workforce urine tests that Quest Diagnostics Inc., one of the country’s largest drug-testing laboratories, screened for marijuana last year, 3.9% came back positive, an increase of more than 8% from 2020, according to Quest’s annual drug-testing index.

That figure is up 50% since 2017. Since then, the number of states that legalized marijuana for recreational use grew to 18 from eight, plus the District of Columbia.

Despite the increase in positivity last year, fewer companies tested their employees for THC, the substance in marijuana primarily responsible for its effects, than in recent years, said Barry Sample, Quest’s senior science consultant.

The shifting legal backdrop and changing cultural attitudes have prompted some employers to stop testing for marijuana while companies in some states are barred from factoring the test results into hiring decisions, according to Dr. Sample. And those trends accelerated last year amid the recent shortage of workers, especially in states where recreational marijuana is legal, Dr. Sample added.

“We’ve been seeing year-over-year declines in those recreational-use states, but by far the largest drop we’ve ever seen was in 2021,” he said about the number of drug tests that screened for THC.

Cannabis companies in the U.S. lack access to banking and other financial services because the drug is federally illegal. That could change through new legislation or thanks to broader legalization efforts backed by the Democratically-controlled Senate. Photo Illustration: Laura Kammermann
The percentage of specimens tested for THC declined 6.7% nationwide in 2021 from 2020, while that figure fell by 10.3% in states where recreational marijuana is legal, according to Quest’s data.

“We certainly heard from some of our employer customers that they were having difficulty finding qualified workers to pass the drug test,” Dr. Sample said of pre-employment tests for THC, especially in states where use of the drug is legal.

Overall, the proportion of U.S. workers who tested positive for the various drugs Quest screened for in 2021 rose to 4.6%, the highest level since 2001, according to Quest, which analyzed nearly nine million overall urine tests last year on behalf of employers.

That percentage is more than 31% higher than the low of 3.5% a decade ago, in the early days of a resurgent heroin epidemic in the U.S.

In Michigan, where recreational marijuana was legalized in 2018, many employers didn’t loosen their requirements on pre-employment drug tests for a few years, according to Tammy Turner, co-owner of Kapstone Employment Services, a Detroit-based staffing agency.

But during the pandemic and the related labor shortages, Kapstone, which works mostly with manufacturers that supply the Big Three car makers, encouraged regional employers to loosen their THC-screening policies for many positions.

“So many of our clients were adamant, in pre-Covid, that they would not accept anyone that could not pass a drug test, even if it was THC,” Ms. Turner said. “We had to encourage some of them to reassess their policy, and they did, and we were able to fill many of those jobs as a result.”

For certain positions, such as those that involve heavy machinery, Kapstone still screens applicants for THC and other drugs, as required by the federal government, said Kerry Buffington, co-owner of the company.

Ms. Buffington and Ms. Turner said they don’t see any of the companies they work with reverting to their pre-pandemic hiring standards even if the labor shortage eases.

Marijuana use has become so casual among some young workers that Ms. Turner said some potential workers have shown up to her office smelling like the drug, and one worker who was placed by Kapstone got fired after using a vape pen in the workplace. The firm has had to counsel some workers on what is appropriate at work, Ms. Turner added.

In the hospitality industry, many employers had already stopped screening potential employees for drugs, including marijuana, before the pandemic, according to one representative for a hotel management company with operations across the country, including in Georgia, Minnesota and Colorado.

The representative said their company along with several of their industry peers stopped conducting pre-employment drug tests in the past five years because of the associated expenses and evolving legal landscape.

Chris Layden, senior vice president at staffing firm ManpowerGroup, said the elimination of marijuana screening is one of the most common ways companies are seeking to expand their pool of eligible workers. ManpowerGroup estimated that drug testing eliminates about 5% of candidates.

ManpowerGroup is seeing companies across nearly all industries, except for financial services and federally regulated businesses, eliminate marijuana testing requirements, Mr. Layden said.

Michelle Bearden, chief risk and operating officer for Houston-based staffing and recruiting firm Link Staffing Services Inc., said she has yet to see a strong reason why Link Staffing should move to loosen pre-employment marijuana screenings before the federal government does. She acknowledged the job market has been tight during the pandemic, but said she doesn’t think nixing THC screenings is a good solution.

“[Marijuana] is still on the federal list of prohibited substances, and that is what our policies are driven by at this point,” she said. “If I see that there is an overwhelming reason or cause for us to change ahead of that, we will.”

In Texas, Link Staffing, which mostly hires for the manufacturing and distribution sectors in the Dallas and Houston areas, has made some concessions to fill open roles amid the labor shortage, including by easing background-check requirements, Ms. Bearden said.

And while it can still be tough to fill open roles, Link Staffing and the employers it works with still view marijuana use as a deal breaker.

“We employ people in safety-sensitive jobs, and I think your employers that operate workplaces with high safety concerns—it may still be part of what they view as a hazard in the workplace, for people to be under the influence of anything,” Ms. Bearden said.

Write to Will Feuer at [email protected]

Copyright ©2022 Dow Jones & Company, Inc. All Rights Reserved.

Appeared in the March 30, 2022, print edition as ‘Positive Drug Tests Hit Two-Decade High.’

https://www.wsj.com/articles/positive-drug-tests-among-u-s-workers-hit-two-decade-high-11648603800

Operator of Orange County malls Fashion Island – Irvine Spectrum – Tustin and Irvine Market Place says it shares license plate data with local police, but not ICE

A major Orange County land developer that owns three shopping centers equipped with cameras that read license plates said Wednesday it does not share information about vehicles captured in the recordings with U.S. Immigration and Customs Enforcement.

Irvine Co. said the data collected by a contractor are “only shared with local police departments as part of their efforts to keep the local community safe.”

Those shopping centers include Fashion Island in Newport Beach, the Irvine Spectrum Center in Irvine and the Market Place on the border of Tustin and Irvine.

Both the Irvine and Newport Beach police departments said Wednesday that their respective agencies don’t share that data with ICE. Tustin police did not immediately respond to a call for comment.

The statements came after a report published Tuesday by the Electronic Frontier Foundation raised privacy concerns about how the data are used.

According to Irvine Co., the readers record license plate numbers as well as the location, date and time the information is collected. Encrypted information is then sent to a searchable database operated by Vigilant Solutions, a Livermore, Calif., business that collects information from license plate readers for law enforcement and private entities.

In Irvine, the technology would notify police when there’s a hit on cars that have been reported stolen or are associated with a wanted suspect, Irvine police spokeswoman Kim Mohr said.

“It’s like having extra patrol officers, in a way, because it’s the eyes out there,” Mohr said, adding that police cars are also outfitted with the technology.

In Newport Beach, investigators can search the Irvine Co. database as part of active criminal investigations or patrol operations, but they haven’t actually ever used the tool in that way, Newport Beach police spokeswoman Jennifer Manzella said.

“It’s not a database that we can just peruse at will,” Manzella said. “We have to be able to document who is querying it and why it’s being queried.”

Though Irvine Co. says it does not sell its information or share it with ICE, immigration authorities do have access to data collected from license plate readers elsewhere by commercial third parties and sold to Vigilant Solutions, according to the Northern California firm. In some cases, Vigilant Solutions owns the cameras the third parties use.

Vigilant spokeswoman Mary Alice Johnson declined to identify those third parties but said some include repossession companies whose trucks are outfitted with license plate readers. None of the third parties are law enforcement agencies, she said.

ICE is among at least 1,000 law enforcement agencies across the country that pay for access to the database — and it’s up to those agencies to set policies on how to use the information, Johnson said.

In a statement, ICE said that it uses information as a tool in criminal and civil immigration enforcement investigations and must comply with its own privacy rules.

“ICE is not seeking to build a license plate reader database, and will not collect nor contribute any data to a national public or private database,” the agency said. Its rules, ICE said, “are the most stringent requirements known to have been applied for the use of this technology.”

The American Civil Liberties Union Foundation of Northern California is suing for records about ICE’s use of the technology, including contracts with the private companies operating the databases, training material, privacy policies and other documents.

“Aggregation of this information into databases containing billions of license plate scans stretching back months and even years threatens core civil rights and liberties protected by the Constitution,” the ACLU of Northern California said on its website.

Times staff writer Cindy Carcamo contributed to this report.

https://www.latimes.com/local/lanow/la-me-ln-irvine-company-license-plates-20180711-story.html

Tustin officer gave man less than a second to raise his hands before fatally shooting him, court says in ruling – Officer Osvaldo Villarreal couldn’t reasonably have feared for his safety when he shot 31-year-old Benny Herrera

Tustin, California

Tustin officer gave man less than a second to raise his hands before fatally shooting him, court says in ruling

A Southern California police officer gave a man less than a second to raise his hands before opening fire and killing him, a federal appeals court noted Friday in rejecting the officer’s request to dismiss a wrongful death lawsuit against him.

The U.S. 9th Circuit Court of Appeals in San Francisco said Tustin Police Officer Osvaldo Villarreal couldn’t reasonably have feared for his safety when he shot 31-year-old Benny Herrera after responding to a domestic dispute call in December 2011.

That determination ran counter to the Orange County district attorney’s office, which said in 2013 that the shooting was reasonable and justified because Villarreal fired after Herrera ignored orders to show his hands.

A video captured by a police dashboard camera shows otherwise, according to the 9th Circuit judges who cited the footage.

“Less than a second elapsed between Villarreal commanding Herrera to take his hand from his pocket and Villarreal shooting him,” the court wrote. “Just as Herrera’s hand came out of his pocket, Villarreal fired two shots in rapid succession … The command and the shots were almost simultaneous.”

The video has not been made public and is under a court seal.

The seven-page review of the case by Orange County prosecutors does not mention the existence of a video and appears to rely heavily on Villarreal’s own statements.

Sonia Balleste, the senior deputy district attorney who wrote the review, said Friday that she didn’t immediately recall the case or why the review didn’t mention the video but that she was sure she “looked at all the evidence that was available.”

“As a general practice it wasn’t my custom and habit to write down everything I looked at,” she said, adding that her office has since changed how such reviews are written to include more information.

Attorneys for Herrera’s parents and four children, all under 7 years old, filed a civil lawsuit against Villarreal and Tustin in 2012. Friday’s ruling allows that lawsuit to move forward to trial and upholds a lower court’s order declining to toss it out.

Tustin City Atty. David Kendig, speaking on behalf of Villarreal and the city, noted that the 9th Circuit was looking at the case in the light most favorable to Herrera’s family.

He said the city provided the district attorney’s office with video of the shooting but didn’t know why it didn’t make it into their review of the case.

Dale Galipo, who represents Herrera’s family, criticized the district attorney’s review as a “farce.”

“Are they not getting all the information from the agency? Did they not get the video, or are they just ignoring facts that support that the shooting was excessive?” Galipo said. “The whole process is flawed. It really is a joke.”

https://www.latimes.com/local/lanow/la-me-tustin-shooting-20160917-snap-story.html

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