NEW PROVIDENCE, N.J. and
LOS ANGELES, May 23, 2019 /PRNewswire/ -- Managing
marijuana use by job applicants and employees, not to mention
navigating the complex patchwork of federal, state and local laws
that often send confusing and conflicting messages, has left
employers feeling a bit hazy, according to a new XpertHR
report.
Marijuana has been legalized for recreational use in multiple
states including California and
Colorado, and more than half of
the states permit the use of medical marijuana. Employees may
mistakenly believe that if marijuana is legal in their state, they
are free to use it without consequence especially if it is after
working hours and during their own free time. However, under
federal law, marijuana use for any purpose is still illegal.
Some states protect an employee's right to use medical marijuana
and some state laws prohibit employers from disciplining an
employee for a positive marijuana test alone if the employee is a
certified medical marijuana patient. Employers must understand
the various laws while at the same time managing and maintaining a
safe, efficient and productive workforce, the XpertHR
report states.
"Marijuana use still creates a great deal of risk for employers.
Employees who use marijuana may have increased inattention,
increased absenteeism and tardiness, and may be less efficient or
productive in performing job-related tasks," says Beth Zoller, JD, Legal Editor, XpertHR.
"Drug-related accidents and injuries may lead to increased
insurance costs and premiums, increased workers' compensation
claims and reduced profits."
Most state marijuana laws do not protect medical marijuana users
or their caregivers from arrest or prosecution for being under the
influence of marijuana while:
- Operating a motor vehicle;
- Being in a workplace or place of employment; and
- Operating heavy machinery or dangerous equipment.
Most state medical marijuana laws also permit an employer to ban
marijuana use at work and prohibit all employees from working under
the influence of marijuana. Further, some states may have
requirements regarding pre-employment testing for marijuana, the
report explains.
States vary on whether medical marijuana users will be protected
from discrimination for off-duty use of medical marijuana and
whether an employer will be required to provide a reasonable
accommodation.
None of the recreational marijuana statutes contain employment
protections for recreational marijuana users, and no states limit
an employer's right to enforce a zero-tolerance marijuana
policy.
The report addresses this controversial issue, and notes that
it's important for an employer to understand the laws that apply to
its workplace. Key questions that will help an employer determine
how to approach marijuana use by employees and applicants
include:
- Does state law permit medical use? Recreational use?
- Are there additional requirements with respect to providing
reasonable accommodations to employees with disabilities who may be
medical marijuana users?
- Does the employer have employees working in safety-sensitive
positions?
- Is the employer subject to the Drug Free Workplace Act?
"Legalization efforts have not slowed, and marijuana use in
the United States continues to
rise," says Zoller. "Employers are in a precarious situation when
tasked with maintaining productivity and safety in the midst of
surging marijuana use. And unlike other drugs, marijuana's unique
position between legal and illegal makes it crucial for employers
to understand the laws, address them in workplace policies and
promote a drug-free workplace."
To download a copy of XpertHR's guide to Marijuana in the
Workplace, visit XpertHR.
Editor's Note: Beth Zoller, XpertHR Legal Editor, is
available to discuss marijuana in the workplace and to provide an
article on the subject. If you use any of this material, please
include a link to https://bit.ly/2HLmlNz.
Media Contact:
Beth Brody
215161@email4pr.com
908-295-0600
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SOURCE XpertHR