BPD July 2021

Page 24

TRANSFORMING Teams By Paige McAllister

Marijuana legalization’s impact on the workplace arijuana is now legal in some form in 35 states and Washington, D.C., with seven additional states having decriminalized marijuana possession and two states legalizing CBD oil use. Many experts expect the continued expansion of legalization of various forms. Much like alcohol, no law requires employers to allow employees to use or be under the influence of marijuana at work. However, unlike alcohol, testing for the presence of marijuana presents a problem because it can be detected for much longer than a person experiences its side effects or symptoms. So, what do you need to know and do as an employer?

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Know the laws in your state: Currently 18 states have legalized medicinal marijuana and 17 states and DC have fully legalized marijuana for medicinal and recreational purposes. Several states also have laws preventing employers from taking employment actions against employees for legal off-duty conduct. Understand the different uses: Recreational marijuana can be used by adults (usually 21 years of age or older) in limited amounts as they wish. Medicinal marijuana requires a prescription from a health care provider due to covered reasons, which vary

Q. We do not have formal drivers in our company. Do I need a driving policy?

A. Yes, we recommend even companies without formal driving positions have a Driving for the Company policy in their handbook. In fact, some business insurance carriers recommend or require it as well. Most companies have employees who may drive on behalf of their employer at some point. It could be to mail a package, pick up office supplies, or make a lunch run. If the employee gets into an accident while doing any of these tasks, the company could be liable for any damage or injury which happens during that drive. While a policy cannot mitigate all liability, it can serve as a tool to institute certain procedures to demonstrate the company’s commitment to safety while driving.

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n Building Products Digest n July 2021

state-to-state. By definition, an employee who has a prescription for its use has a condition which may be protected under the ADA and ADAAA. Cannabidiol (or CBD oil) is oil derived from the cannabis plant which is used to relieve a long list of issues including pain and inflammation as well as anxiety and depression, migraines, MS, epilepsy and Parkinson’s disease. It does not cause mind-altering effects as those seen in marijuana. Learn common side effects and the length of time they are felt or observed: To have a better chance of recognizing if an employee is under the influence while at the workplace, you need to become familiar with common tell-tale signs including the stereotypical dilated pupils and odor of marijuana, but also: ● distorted sense of time, ● impaired memory, ● impaired coordination, ● difficulty in thinking clearly, ● mood swings, ● hallucinations or delusions, ● fear or anxiety, and/or ● increased appetite. Various factors including amount consumed, concentration of THC, body weight, metabolism, if anything has been eaten, and general tolerance impact how long these side effects will be observed. Building-Products.com


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