THE GRAY SIDE OF GREEN
THE GRAY SIDE
OF GREEN
O
n November 7, marijuana
is going to become
recreationally legal in
Michigan. Politically and
socially, that can be viewed in
many ways, but most would likely classify
it as a progressive move. Economically,
though, and legally . . . things are a little
less clear. Businesses have already been
learning to tread the waters of medical
marijuana relatively carefully. Things
aren’t as clear-cut for a number of reasons.
Once marijuana goes recreational,
everything is going to get a bit more
confusing. From hiring to workplace safety
to day-to-day operations: things are going
to change. The problem is, nobody knows
quite how they will change.
Over the next few years, you can expect
to see a substantial number of lawsuits
stemming primarily from marijuana in
the workplace. Employees may think that
marijuana is legal in the workplace simply
because the laws are changing. That’s
not necessarily the case. It definitely isn’t
the case for some heavy industrial jobs,
transportation, or federal employees. A lot
of labor laws “discourage” the use of drugs
in the workplace but don’t take a hard line
on them.
FROM AN EMPLOYER PERSPECTIVE,
CONSIDER THIS:
The number of marijuana users nationwide
6
is around 15 percent of the population. In
states where it is fully legal, that number
jumps to almost 25 percent. If you are an
employer, could you afford to automatically
rule out new hires who test positive for
marijuana? Probably not. If you did, you
may run the risk of never even finding
anyone who can or will work for you as a
result. That puts you in a bind. Especially if
other companies have more lenient policies.
WHAT HAPPENS IF THERE IS AN
ACCIDENT?
Do you test the person who caused it? If
you do, then shouldn’t you also test the
witness and even the victim as well? The
way marijuana is metabolized doesn’t
always make it obvious when someone is
using, especially on the same day. Cheesy
fingers from tortilla chips and red eyes
don’t count as evidence. What will OSHA
do? How will they defend users? What if
someone still has marijuana in their system
from the weekend but didn’t smoke on the
day in question? There are just too many
questions and not enough answers.
SO WHAT SHOULD YOU DO?
Well, the answer is simple but the
execution is not. You should conduct a
thorough review of your drug policy and
consider some of these things before you
actually need to start enforcing them.
Otherwise you will be caught holding the
bag when the laws change. Where is the
“line” for you and your company? If there is
no “line” yet, you need to figure out what
your own line is and go from there.
We can help. For more information or a
review of your current drug policy, contact
Joe Haney at 586-685-0115 or
[email protected].
BY: JOE HANEY
STERLING INSURANCE GROUP
Joe Haney is the President and Founder of
Sterling Insurance Group and Accredited Cyber
Risk Advisor (ACRA). Celebrating 22 years of
business ownership and growth, Joe believes in
continuous improvement as evidenced by his
earned designations as a Certified Risk Advisor,
Certified Benefit Wellness Advisor and Certified
Authority on Workers Compensation. Joe works
with a variety of clients in both Risk Management
and Employee Benefits. Joe is involved in several
industry-related groups and philanthropic
organizations as well. Contact him at
[email protected] or (586) 873-7803.