The Connection Magazine The Connection Magazine Fall 2017 | Page 7

does not make allowances for prescription
use of medical marijuana, despite what some
states are doing.
“You are obliged to provide a place of
employment free from all recognized
hazards, an interpretation that has always
included persons under the influence of any
substance causing an altered state,” Dan
adds.
Having a zero-tolerance drug policy allows
for consistent recognition, evaluation, and
discipline in the workplace. Impairment is a
recognizable hazard. The US Department
of Transportation has guidelines for your
supervisory personnel and rules on drug-
and-alcohol testing at https://www.fmcsa.
dot.gov/regulations/drug-alcohol-testing-
program. Additional information related
to each industry is available through A.I.M.
Mutual’s regional claim specialists and
injury prevention and worksite wellness
consultants.
The Ongoing Impact
The
widespread
implications
of
marijuana’s
legalization
are
among
employers’ top concerns. “We’ve addressed
it in our last two claim seminars,” Laurie
points out, “and we continue to get a lot of
questions from policyholders.”
As marijuana’s impact on employment
laws is further defined, both federally and at
the state level, employers need to pay close
attention. For instance, the Massachusetts
Supreme Judicial Court ruled in July that an
employer should have discussed possible
accommodations before terminating an
employee whose pre-employment drug
screen showed marijuana use, something
she’d disclosed beforehand. [Barbuto v.
Advantage Sales and Marketing, LLC, SJC-
Laurie Parsons, WCLA, FCLA, is Director of
Claim for A.I.M. Mutual. She has specialized
in workers’ compensation for 20 years and is
licensed to handle claims in Massachusetts,
New Hampshire, Connecticut, and Vermont.
12226, 217 WL 3015716 (Mass. July 17, 2017)].
Employers do need to consider how
the Americans with Disabilities Act (ADA)
and the Health Insurance Portability and
Accountability Act (HIPAA) may apply
going forward. Under the ADA, you could
be alerted to a condition (based on the
prescription of medical marijuana) that is
significant enough for the prescription and
may result in a reasonable accommodation
request. HIPPA involves discussions of a
medical nature that may require privacy and
discretion. Contact AIM HR Solutions for
guidance in interpreting these statutes.
Employers are also asking whether
marijuana could be a compensable treatment
option under workers’ compensation in
the future. In Massachusetts and New
Hampshire, A.I.M. Mutual partners with
Best Doctors Occupational Health Institute
(BDOHI). Its medical professionals make
clinical recommendations on a case-by-
case basis for each patient, including those
involving any medication regimen. As for
medical marijuana as a possible opioid
alternative, Michael Shor, BDOHI’s Managing
Director, says “there is a growing body of
very interesting clinical research, but we
really do need larger scale, randomized,
controlled studies.”
The drug’s current Schedule 1 status cur-
rently precludes this.
Laurie adds that A.I.M. Mutual and most
workers’ compensation insurance carriers
have not been ordered to cover costs for
medicinal marijuana.
What Constitutes Impairment?
Dan notes marijuana can affect work
performance in different ways, such as the
following:
Daniel Ilnicky, CSP, is Senior Manager, Injury
Prevention and Worksite Wellness. He has more than
25 years of risk management, health, and safety
experience in both private industry and insurance.
7
“YOU ARE OBLIGED TO
PROVIDE A PLACE OF
EMPLOYMENT FREE FROM ALL
RECOGNIZED HAZARDS, AN
INTERPRETATION THAT HAS
ALWAYS INCLUDED PERSONS
UNDER THE INFLUENCE OF
ANY SUBSTANCE CAUSING AN
ALTERED STATE.” - DAN ILNICKY
•
•
•
•
•
•
short-term memory loss
impaired thinking
loss of balance and coordination
decreased concentration
changes in sensory perception
impaired ability to perform

complex tasks
•
decreased alertness
•
decreased reaction time
Part of the problem, according to
Michael Shor, is that there aren’t any formal
standards to assess impairment. He cites
real and simulated driving studies which
clearly indicate that marijuana negatively
affects drivers’ attentiveness, perception
of time and speed, and ability to draw
on information obtained from previous
experience.
Further complicating the medical
marijuana debate is tetrahydrocannabinol
(THC), the chemical in marijuana that makes
users high. THC can stay in the system
for up to 30 after use, though Mike notes
it’s generally undetectable after ten days.
Still, it generates even more questions
about impairment, so—at minimum—you
need a detailed, zero-tolerance, drug-free
workplace policy as your framework.
Michael J. Shor, MPH., is the Managing Director
of Best Doctors Occupational Health Institute.
He currently chairs the Massachusetts Bar
Association’s Workplace Safety Taskforce Sub-
committee on Opiate Use in Work-Related Injury.