Medical Marijuana and The Workplace . Presented by: Brenda JM Sabin, CBP Dir of HR Compliance & Payroll Solutions
Transcript
Slide 1
Medical Marijuana and The Workplace. Presented by: Brenda JM
Sabin, CBP Dir of HR Compliance & Payroll Solutions
Slide 2
Medical Marijuana 2 Twenty states and the District of Columbia
have decriminalized possession of marijuana for medical use.
Washington and Colorado allow recreational use, as well. But
federal law still classifies marijuana as a Schedule I drugno legal
use. In 2004, Vermont passed S. 76, An Act Relating to Marijuana
Use by Persons with Severe Illness. This piece of legislation
creates an exemption in state law from criminal penalties for the
use of marijuana to alleviate the symptoms or effects of a
debilitating medical condition as long as it is done in compliance
with 18 V.S.A. Chapter 86
http://www.leg.state.vt.us/statutes/fullchapter.cfm?Title=18&Chapter=086
http://www.gencourt.state.nh.us/legislation/2013/HB0573.html
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Rules & Regs Employers are placed in a very delicate
position of attempting to comply with competing and negating laws.
However In all Med Marijuana states the laws DO NOT require
employers to permit drug use in the workplace OR tolerate those
under the influence while at work. Just because its legal doesnt
mean you have to allow it (think alcohol). Even though its
medicinal and prescribed you do not have to allow it at the
workplace (think pain killers that may impair job functions)
Employees are the Employers responsibility as it pertains to safety
of themselves and others. 3
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VT Law VT law specifically states: 4474c. Prohibitions,
restrictions, and limitations regarding the use of marijuana for
symptom relief (a) This subchapter shall not exempt any person from
arrest or prosecution for: (1) Being under the influence of
marijuana while: (A) operating a motor vehicle, boat, or vessel, or
any other vehicle propelled or drawn by power other than muscular
power; (B) in a workplace or place of employment; or (C) operating
heavy machinery or handling a dangerous instrumentality. 4
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VT Law (a) This subchapter shall not exempt any person from
arrest or prosecution for: (3) The smoking of marijuana in any
public place, including: (A) a school bus, public bus, or other
public vehicle; (B) a workplace or place of employment; (C) any
school grounds; (D) any correctional facility; or (E) any public
park, public beach, public recreation center, or youth center.
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State particulars Vermont. Registry Identification cards are
required for patients. The cards are obtained from the Department
of Public Safety, and the patient must apply to the department by
attaching his or her medical record documenting he or she has a
debilitating medical condition as determined by a physician in the
course of a bona fide doctor- patient relationship 6
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Safety Concerns Federal regulations still prohibit the use of
marijuana for any reason. DOT (Dept of Transportation) states it
remains unacceptable for any safety- sensitive employee subject to
drug testing under the DOT regulations to use marijuana The ADA
(Americans with Disabilities Act) does not require employers to
allow marijuana use as a reasonable accommodation for someone with
a disability EVEN if that person is a registered marijuana user.
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So what do you do? Know your state laws on this! Review the
drug testing laws for your state
http://www.atg.state.vt.us/issues/employment-law/drug-testing.php
http://www.atg.state.vt.us/issues/employment-law/drug-testing.php
Review your drug policies to ensure they clearly outline the
expectations regarding impairment, marijuana use outside of company
time, and whether they are subject to drug testing. The Federal DOL
has provided guidance to help you create Drug Free Workplace Policy
http://www.dol.gov/elaws/asp/drugfree/drugs/screen2.asp
http://www.dol.gov/elaws/asp/drugfree/drugs/screen2.asp Train your
managers about confidentiality this is still medical information!
Closely monitor new developments in your state 8
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VT Drug Testing Employers must have a written policy The
circumstances under which persons may be required to submit to drug
tests The particular test procedures The drugs that will be
screened for A statement in the policy that some over the counter
drugs may result in a positive test And what the consequences are
for a positive test 9
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Employee Testing You can require an individual employee to
submit to a drug and alcohol test if ALL these conditions are met:
Have probable cause to believe the employee is using or is under
the influence Have a bona fide rehabilitation program provided by
employer (think EAP) or is available through health insurance or
under contract with a non profit hospital Employee may not be
terminated if a positive test result occurs IF the employee agrees
to participate in the rehab program Employee can be suspended
during the time of the rehab program but no longer than 3 months
The test is administered according to state law 10
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Applicant Testing You can require an applicant to submit to a
drug test only if all the following conditions are met: the
applicant has been given a offer of employment contingent on a
negative result. The applicant receives written notice of the drug
testing procedures and a list of drugs that will be tested for The
test is administered according to state law 11
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Wrap Up/ Q & A Thank you! Brenda JM Sabin, CBP
[email protected] 802-488-8713