KALISPELL, Mont. — A recent grievance filed in Flathead County has brought the issue of random drug testing into the spotlight, stirring debate over the balance between workplace safety and employee privacy. Flathead County is one of the few counties in Montana that conducts random drug tests for its employees, prompting a closer look at how these policies affect workers, particularly in relation to marijuana use.
On Tuesday, the Flathead County commissioners convened to discuss the grievance, which challenges the county’s non-DOT drug testing policy. This policy applies to employees in a variety of roles, most notably in the county’s health department, and is one of the few local government policies that includes random drug testing outside of federally regulated positions.
Alex Bulmahn, a field representative for the Montana Federation of Public Employees, addressed the county commissioners during the meeting, emphasizing the concerns raised by employees. Bulmahn explained that the county’s drug and alcohol testing procedures, including random testing, are viewed as intrusive by many employees, especially given that marijuana is now legal for personal use in Montana.
“The county’s current approach is focused on protecting public safety,” Bulmahn said, “but it crosses a line when it starts regulating employees’ personal behavior outside of work hours and off county property, particularly for a substance that is legal in the state.”
The county’s policy mandates drug testing for employees in non-DOT, DOT, and FTA positions under four circumstances: pre-employment, random, post-accident, and reasonable suspicion. Those who are subject to random testing could face a urine analysis designed to detect the inactive metabolites of marijuana. Critics argue that such testing does not account for the legal status of marijuana in Montana, nor does it differentiate between active impairment and the mere presence of trace substances in an employee’s system.
Tammy Skramovsky, the director of Flathead County’s Human Resources department, provided additional insight during the meeting, noting that the policy distinguishes between intoxication on the job and the presence of a controlled substance. Skramovsky stated that there is a clear distinction between an employee violating the workplace drug policy by being under the influence while working and merely testing positive for a legal substance outside of work.
“The issue at hand is not about banning marijuana use altogether but about how we manage drug testing in a changing legal landscape,” Skramovsky said. “The goal is to ensure that employees are not under the influence while at work and performing their duties, especially in roles where safety is a priority.”
As Montana continues to navigate the complexities of marijuana legalization, the county’s policy is expected to face increasing scrutiny. While the debate centers on employee rights versus public safety, the outcome of this grievance could set a precedent for how other local government agencies in the state approach drug testing moving forward.
The Flathead County commissioners are scheduled to vote on whether to take the grievance under advisement on February 4.
