Employment expert explains why groundbreaking bill was shot down, and what employees need to know
Last week, California made the decision to shelve a law which would have offered workplace protections to employees who are qualified to use medical marijuana. In part, the bill could have allowed these qualified users to be “under the influence” of medical marijuana at work, provided that they were not unduly impaired or having a negative impact on the company.
“Critics of California’s AB-2069 said that the bill was too broad and impinged on an employer’s ability to maintain a drug-free workplace,” says Rob Wilson, President of Employco USA and employment solutions expert. “This is an issue that is only growing in size and scope, as many states now allow marijuana use, either medically or recreationally or both. This has led to some very murky waters for employers, especially as some states prohibit the discrimination of employees with a medical marijuana card, while other states do not.”
So, what should an employer do to navigate this issue?
First, Wilson advises employers to get familiar with their state’s specific legislation. He also says, “If your employees are part of a collective bargaining unit, then it is likely that drug stipulations already exist, including specific limits for drug use. For example, in a recent case, an employee was found to be under the influence while on the job, but he claimed his medical marijuana card gave him permission to use while working. However, a drug test revealed that he was 10 times above his prescribed limit.”
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Megan Chamberlin, Senior Commercial Account Manager – in this blended role, a portion of Megan’s time will focus on coordinating the workers’ compensation plans for Employco and its clients and assisting with the underwriting process prior to submission to carriers. Megan’s remaining time will focus on the ongoing management of Corporate Risk Management’s commercial clients, retention of new and renewal clients, and maintaining a partnership with the producers to support business development activities while upholding high service standards.