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.
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