The rapidly changing landscape of
legal marijuana use has caused confusion among employers who have a strict
no-drug policy in their workforces. After all, the burden is on the employer to
provide a safe workplace for the other employees as well as for clients. How
are they to do this when states make medical marijuana use legal and some sates
even allow its recreational use? First, employers should realize that they are
not obligated to allow drug use of any type while an individual is on the clock
or at your workplace. However, beyond that, they laws get cloudy. Here are some
legal guidelines to help employers navigate the tricky world of marijuana in
the workplace.
Drug Testing
When regards to drug testing, employers in states where marijuana is legal have
an additional burden. A positive drug test by an employee is typically not
enough to take corrective action. Instead, employers must document additional
criteria proving that the employee used marijuana while performing their job.
As more and more states legalize marijuana use, companies may move away from
random drug testing and toward random impairment testing. This would involve
testing designed to determine if an employee is fit to perform their job or if
some level of drug impairment exists at a given time.
No Tolerance Rules
Employers who have a strict "no drug" policy have
nothing to worry about. They still have the ability to discipline or terminate
employees who are caught with marijuana on them while at work or who display
obvious signs of impairment due to drug use at work. Additionally, court cases
thus far have ruled on the side of employers. Judges have consistently ruled
that using legal marijuana protects individuals only from legal repercussions
not from employer actions.
Hiring
Hiring is another tricky area. Employers who operate in Arizona, Connecticut,
Delaware, Maine and Rhode Island are not allowed to disqualify job applicants
simply because they use marijuana for medical purposes. However, companies can
and should provide applicants who disclose this information with a detailed
company drug policy explaining the actions taken if they use marijuana while on
the job.