Risk & Business Magazine Bowen Miclette & Britt Magazine | Page 31

MARIJUANA AT WORK marijuana issues could potentially be argued as a health-and-safety issue for employees who have prescriptions, for instance. Right now, businesses are able to prohibit the use of alcohol during work hours. They can also prohibit employees from showing up to work under the influence of alcohol. In the same way, they can have firm and consistent zero-tolerance rules for marijuana. The difficulty here is a question of individual state regulations. With new rules coming into place every day, different laws in different states, and marijuana still illegal at the federal level, it is almost like walking through a minefield determining what is and is not legal in terms of the use of marijuana. In California, for instance, a federal district court ruled that it doesn’t violate California workplace discrimination law to fire employees for marijuana use regardless of the reason they are using it (thus including medical use). That issue is compounded even further for companies that have federal contracts. Federal contractors must abide by the Federal Drug-Free Workplace Act which prohibits the use of marijuana. Employers who don’t follow this restriction can lose their ability to bid on and receive federal contracts. DRUG TESTS ARE A STANDARD PART OF MANY JOB SCREENINGS, AND POSITIVE RESULTS WOULD TRADITIONALLY RULE OUT ANY POSSIBLE DRUG USERS, INCLUDING THOSE WHO ARE PARTAKING IN MARIJUANA. SO WHAT HAPPENS NOW THAT LEGALIZATION OF MARIJUANA IS EXPANDING ACROSS THE NATION? So what are employers to do? How can they navigate these issues and still maintain high employee retention rates and productivity? These questions are tough but have to be answered in the wake of constantly changing regulation. For more information, contact us toll free – 800-966- 5497 or at bmbinc.com for a consultation about what your workplace can do regarding its marijuana policies. 31