TRANSFORMING TEAMS

Marijuana legalization’s impact on the workplace

Marijuana 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?

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. 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.

Understand the different testing options and standards:

Marijuana can be detected using saliva, blood, urine or hair testing methods, each having different detection parameters and timing. Again, factors such as form (i.e., smoke or edible), repeated and regular usage, age, and weight will impact if marijuana is detected and how long it will show up in a person’s system, ranging from 36 hours to 90 days.

Also, CBD oil itself may result in a positive THC drug result even though it does not cause the “high” of marijuana.

Update your pre-employment procedures:

Background checks: You may not be able to consider past marijuana-related criminal convictions once decriminalized. Even in the states where use is still illegal but past convictions are decriminalized, you must disregard any reference to these convictions if they appear on a criminal history report.

Pre-employment drug screening: Unless the position falls under stricter federal regulations (such as DOT), consider the practicality of testing for marijuana after making a conditional offer of employment to a candidate. ● If your state has fully legalized marijuana use, you will be prohibited from taking any action on this result so you may be paying for something you cannot use or enforce. Furthermore, if legal off-duty activities are protected in your state, then you may now have knowledge of an activity which, if you treat them adversely or differently during employment, can create legal exposure for you. ● If medicinal use is legal, a positive result may lead you to ask about medical information to verify the legal use. This could then create ADA/ADAAA exposure as the candidate would have to reveal medical information requiring marijuana as a treatment.

In both these situations, consider removing marijuana drug testing from your pre-hire process to eliminate this exposure. If you do keep it in your process, train anyone involved as to what is and is not allowed and what can and cannot be asked to clarify.

Enforce policies prohibiting the use, possession and being under the influence at work:

Given the impact on safety and productivity, employers are allowed to take action if an employee shows multiple side effects, especially if involved in a workplace accident. If you suspect an employee is under the influence of marijuana you should: ● have another manager confirm multiple side effects being exhibited. ● remove the employee from their workspace, especially if they could cause harm to themselves, others or property. ● have someone take the employee for a drug test. (Do not let them drive themselves!) ● take proper disciplinary action, including possible termination if the side effects are verified by a positive test.

In states where marijuana is only legal for medical use, if the employee justifies the positive result claiming they have a prescription, verify their prescription card or ask for a note from their health care provider.

Clearly state your expectations before and during employment:

As mentioned before, there is no law requiring employers to allow employees to use, possess, sell or be under the influence of marijuana while at work. Given the negative impacts to performance and safety, employers can and should take a no-tolerance stance to marijuana as well as alcohol and mind-altering drugs (even if prescribed) in the workplace.

Clearly and repeatedly state this expectation and the repercussions for failing to meet this expectation to all applicants, candidates, and employees throughout the hiring process and the employment relationship. Explain the company’s drug testing procedures and disciplinary action, including immediate termination, for failing to meet that expectation.

Stay up to date on this constantly evolving area of employment law:

Given the changing regulations, we recommend staying current on the marijuana laws in your state. If you have applicants or employees based in other states, you also need to learn the laws in those states as well.

Consult with your employment attorney or HR consultant before implementing, revising, or enforcing your marijuana/drug testing policy.

Paige McAllister, SPHR Affinity HR Group contact@affinityhrgroup.com

US LBM has reached an agreement to acquire American Construction Source, Springfield, Mo. Adding ACS’s 70+ locations will increase US LBM’s holdings to nearly 400 facilities nationwide.

Of ACS’s 12 brands, Meek’s has stores in Arkansas and Missouri, Arrow Building Centers in Minnesota and Wisconsin, and Contractor’s Truss Systems in Arkansas. Other divisions operate in Arizona, California, Colorado, Nevada and Washington.

“With the addition of the ACS portfolio, US LBM will strengthen our position in the Midwest and California, and expand our reach to Colorado and Washington, two quickly growing construction markets,” said US LBM president and CEO L.T. Gibson. “We look forward to working with the ACS team and their local operators to continue leveraging their strong relationships, experience and teams to grow in their respective markets.”

“ACS joining US LBM is a perfect outcome based on the alignment of our shared strategy to preserve longstanding local lumberyard brands and operations while delivering a great customer experience,” said James Drexinger, CEO of ACS. “We are grateful to our customers, suppliers, leadership team, salespeople and associates for their support. Together we have built a significant industry platform while simultaneously honoring the 100-plus year heritage of the local brands and family legacies we have acquired.”

ACS was founded in 2018 by Angeles Equity Partners and Clearlake Capital.

Canfor Building Louisiana Sawmill

Canfor Corp. will invest $160 million to build a new stateof-the-art sawmill near DeRidder, La.

The facility will have an annual production capacity of 250 million bd. ft. on a two-shift basis and will directly employ about 130.

Expected to start up late in the third quarter of 2022, it will have manufacturing capacity and flexibility to produce a wide variety of high-value wood products.

Spahn & Rose Buying Atlanta Dealer

Spahn & Rose Lumber Co., Dubuque, Ia., has agreed to purchase 30-year-old Metro Building Products, Marietta, Ga.

“Metro Building Products shares the same values and corporate culture as Spahn & Rose,” says Dave Davis, Spahn & Rose CEO. “Like Spahn & Rose, Metro provides outstanding service to both contractor and homeowner customers. This was a unique business opportunity, and we’re very proud to have Metro join Spahn & Rose.”

Spahn & Rose has no plans to change Metro Building Products’ name, marketing focus, or local management.

The deal will unite two successful longtime LBM companies. Founded in 1904, Spahn & Rose operates 23 locations in Iowa, Illinois and Wisconsin. Metro Building Products was founded in 1991 by Joe and Tina McKenzie to serve the metro Atlanta area and northwest Georgia.

Digger Expanding Production

Westbury aluminum railing producer Digger Specialties Inc., Bremen, In., will break ground in August on a new manufacturing facility in Brady Township, Pa.

Expected to begin production in the first quarter of 2022, the plant will initially employ 150, with room to grow.

Curtis Lumber held a grand opening June 25 for its replacement store in East Greenbush, N.Y. At 25,500 sq. ft. on 12 acres, it’s about 7,500 sq. ft. larger than the old facility, which will be repurposed as a warehouse.

McCoy’s Building Supply opened a new 15,000-sq. ft. store with drive-thru lumberyard June 7 in Liberty Hill, Tx. (store mgr. Matthew Pool; assistant mgrs. Tyler Volek and Alan McCarthy).

Pratt-Dudley Builders Supply Co., Augusta, Ga.,

closed after 86 years, with the retirement of owner Mark Pratt.

Taylor’s Do it Center will open its 12th Taylor’s location in November in Gloucester Point, Va., and its 9th Pleasants Hardware store in October in New Kent, Va.

Bay to Bay Hardware, South Tampa, Fl., has been sold by Lisa Jacobson, who will continue operating its pool supplies business from an adjacent site. The new owner will renovate the 74-year-old hardware business into an Ace Hardware.

Cotton’s Ace Hardware is adding a second location in Eureka, Mo. At 25,000 sq. ft., it will be more than twice the size of its original location and have room for a lumberyard.

Grovetown Ace Hardware/Augusta Ace Hardware owner Mike Hubert purchased Wheeler True Value, Warrenton, Ga., which had been closed since February 2020.

The store will be remodeled, rebranded as Ace, and reopened this summer under manager Vanessa Barnes.

Trexler Hardware & Rental, Leland, N.C., has closed after 37 years, with the retirement of owner Richard Trexler.

Ace Hardware is opening new stores in Terre Haute, In., and Canton, Oh.

Tenenbaum True Value Hardware, Lakeview, Il., is

closing next month after 98 years.

Great Lakes Ace Hardware, Newport, Ky., has moved into larger quarters about a half-mile away from its previous location.

Lakes Area Home Center opened in Glenwood, Mn.

ABC Supply has acquired the assets of Exterior Supply, Elizabethtown and Somerset, Ky.

Menards will build a 173,204-sq. ft. store with 27,678sq ft. garden center and 42,698-sq. ft. lumberyard in Green Township, Oh.—its fifth in the Cincinnati area.

The chain also received planning commission approval to proceed with a larger replacement store in Bradley, Il.

Ward Lumber, Jay, N.Y., held a “board cutting” ceremony June 25 to celebrate its successful transition to a WorkerOwned Cooperative.

Anniversaries: Stewart Builder Supply, Brentwood, Tn., 100th ... Stetson Brothers Ace Hardware, North

US LBM Buying Hart of Texas

US LBM will grow to 65 locations in Texas with its planned acquisition of eight-unit J.P Hart Lumber and Hart Components, San Antonio.

Founded in 1939 by J.P. “Jimmie” Hart, Hart’s operations serve the major markets in Texas with fi ve building materials yards and one window distribution facility across Austin, Houston, Dallas-Ft. Worth and San Antonio. Hart Components operates two roof truss and wall panel manufacturing facilities in Austin and San Antonio.

“Joining with US LBM in our 82nd anniversary year will allow us to continue to grow, provide new solutions for our valued customers and opportunities for our dedicated people,” said W.B. “Speedy” Hart and Greg Wright, who will both remain with Hart, with Wright continuing to lead day-to-day operations following completion of the acquisition.

The deal is expected to close during the third quarter of 2021.

Interfor Adding 4 G-P Mills

Interfor Corp., Burnaby, B.C., has agreed to purchase four sawmills from Georgia-Pacifi c Wood Products: Bay Springs, Ms.; Fayette and DeQuincy, La.; and Philomath, Or.

The $375 million price tag includes working capital.

“This acquisition enhances Interfor’s growth-focused strategy as a pureplay lumber producer, and provides signifi cant economies of scale given the complementary geographic fi t with our existing U.S. operations,” said CEO Ian Fillinger. “We’re excited to acquire these high-quality assets as part of our balanced approach to capital allocation to drive shareholder value.”

The mills have a combined annual lumber production capacity of 720 million bd. ft. Bay Springs, Fayette and Philomath are currently running full shifts. DeQuincy sawmill, which was idled in May 2020 during the pandemic, has an annual capacity of 200 million bd. ft. Interfor is evaluating a possible re-start plans.

Katerra Suddenly Shuts Down

Mass timber giant Katerra, Menlo Park, Ca., is abruptly shuttering its operations.

Founded in 2015, the CLT manufacturing and construction fi rm had raised about $2.2 billion from investors.

The company fi led for Chapter 11 bankruptcy and has begun issuing notice that it will be pulling out of ongoing construction projects and closing its operations across the country, including a CLT manufacturing plant in Spokane, Wa., and roughly 10 branch offi ces across the country, from Centennial, Co., to Jersey City,

Huber to Build 6th OSB Mill

To increase the fi rm’s production of ZIP System and AdvanTech structural panels, Huber Engineered Woods, Charlotte, N.C., will build a new OSB facility on 400 acres in Cohasset, Mn.

Contingent upon site acquisition, approval of certain legislative initiatives, and fi nancial assistance from additional state entities, the location will become Huber’s sixth mill in the U.S. and fi rst presence in Minnesota.

Louisiana-Pacific Corp.

broke ground June 8 on a $150-million conversion of its mill in New Limerick, Me., to increase the production of SmartSide engineered trim and siding.

Frank Miller Lumber Co.

sustained damage to the debarker operations at its Union City, In., sawmill from an early-morning fi re June 9.

Overseas Hardwoods Co.,

Mobile, Al., will distribute DuxxBak Composite Decking’s complete

product line to dealers throughout the Southern U.S., from Florida to Arizona, with plans to expand to additional areas.

Forest Products Supply/F.P.

Supply is now stocking KLEER Lumber PVC trim, mouldings and sheets at its facilities in Columbus, Oh., and Indianapolis, In., supplying LBM dealers in Indiana, Ohio, Kentucky, and western West Virginia.

NSE Windows has opened

a new showroom in Water Mill, N.Y., featuring Marvin windows and doors.

Feldco Windows, Siding &

Doors added its 10th showroom in Weston, Wi.

Viance received the 2020 Ron Blank Award for Continuing Education Excellence for helping to serve architects with its continuing education courses.

Western Forest Products, to

support its new strategy of marketing branded products to the professional, has launched a new Products section on www.westernforest.com. The addition should improve the online customer experience through inspiration, education, professional tools, and where-to-buy functionality.

Roman Products, Calumet City, Il., acquired the Gardner-Gibson portfolio of wallcovering adhesives, primers and removers formulas.

Weston Forest is once again a recipient of the Canadian Business Excellence Awards for Private Businesses.

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