The Connection Magazine The Connection Magazine Fall 2017 | Page 6

CANNABIS IN THE WORKPL ACE
Cannabis In The
Workplace:
AS LEGISLATION EVOLVES, WHAT
CAN EMPLOYERS DO?
ANITA has been recovering at home for
six weeks with work-related back strain.
At the same time, she is dealing with a
longtime chronic condition, Crohn’s disease,
whose symptoms include reduced appetite.
To help Anita, her primary care physician
has prescribed medical marijuana—to
reduce her symptoms and as an appetite
stimulant—which she uses every evening
before dinner.
Anita has now finished her course of
physical therapy, is free of back pain, and is
now ready to return to work.
“ULTIMATELY, YOUR
RESPONSIBILITY IS TO KEEP
YOUR EMPLOYEES AS SAFE AS
POSSIBLE AND MINIMIZE ANY
RISK OF WORKPLACE INJURY.”
- LAURIE PARSONS
Or is she?
Anita’s case is fiction, but it illustrates
some of the emerging issues employers
need to be prepared for. Marijuana use is
now legal, in some form, in 32 states and the
District of Columbia.
Medicinal marijuana use is legal in the
states where A.I.M. Mutual provides
workers’ compensation coverage. And
Massachusetts approved recreational
marijuana use in a 2016 ballot initiative, with
sales delayed until July 2018. Yet using the
drug—a Schedule 1 substance—continues
to be a federal offense.
Understandably, it’s creating some
confusion for employers. But A.I.M. Mutual
has been responding to these concerns
ever since marijuana legalization began
appearing on state ballots.
What Should Employers Do?
From a workers’ compensation standpoint,
the focus continues to be on workplace
safety, according to Laurie Parsons, Director
of Claim, and Dan Ilnicky, Senior Manager of
Injury Prevention and Worksite Wellness.
New state marijuana laws haven’t changed
the fact that an employee can’t be impaired
on the job.
A.I.M.
Mutual
policyholders
are
encouraged to establish a drug-free
workplace immediately, if they haven’t
already. The Drug-Free Workplace Act
of 1988 considers a variety of prohibited
substances, which includes marijuana and
other prescription drugs. AIM HR Solutions
6
at Associated Industries of Massachusetts
can help in developing a drug-free workplace
policy (www.AIMHRSolutions.com).
A zero-tolerance drug policy will apply to
anyone coming to work “under the influence
(UI).” That UI language is important because
it broadens the definition. Make it clear that
your drug-free policy includes marijuana as a
banned substance at the workplace.
Also, specify that the drug is subject
to, and falls within the scope of, your drug
testing policy. You should, however, avoid
listing any classifications such as whether a
substance is legal or prescribed, or an alcohol
or a Schedule 1 drug. Bottom line, that makes
no difference: employers should practice
due diligence in identifying any persons
under the influence, and your workers need
to know that.
“Ultimately, your responsibility is to keep
your employees as safe as possible and
minimize any risk of workplace injury,” Laurie
says.
Keep in mind, since marijuana remains
illegal under federal law, any workplace
falling under the jurisdiction of OSHA
remains subject to those federal laws and
must meet all OSHA regulations. Federal law