Legal Highs – Cannabis and the Workplace

The intersection of cannabis legalization and workplace safety is akin to a rollercoaster ride through a legal maze. As more states greenlight laws to protect the rights of both medical and recreational cannabis users, employers are grappling with the challenge of maintaining a drug-free workplace while respecting individual liberties.

A whirlwind of new state laws granting employees the freedom to partake in cannabis during off-hours, while also throwing employers a bone by allowing them to enforce drug-free policies is a delicate dance between upholding employee rights and ensuring workplace safety – a tightrope act that requires finesse, policy implementation, and training.

So, how do employers strike the right balance amidst this haze of conflicting obligations?

The answer lies in adopting a screening process similar to that used for alcohol and prescription medications. Here’s a glimpse into the playbook:

1. Stay in the Loop: Keep your finger on the pulse of evolving cannabis laws and regulations. It’s not just about knowing the rules in your backyard; it’s about being plugged into every legislative twist and turn. Partnering with legal experts well-versed in employment law can provide invaluable guidance through the regulatory maze.
2. Collaborate and Adapt: Forge partnerships with drug screening providers and Medical Review Officers (MROs) to fine-tune your testing protocols in line with legal requirements. Collaboration is key to staying ahead of the curve in this ever-changing landscape.
3. Embrace Reasonable Suspicion Policies: Equip your supervisors with the tools and training needed to recognize signs of impairment. Implementing a Reasonable Suspicion Policy and Checklist empowers them to address potential issues swiftly and decisively.

A critical component of the training must include signs of impairment that may stem from medical conditions mimicking intoxication. From diabetes to adverse reactions to medications, a spectrum of health issues can mimic the effects of substance use, necessitating prompt medical intervention when in doubt.

Consider this scenario:

One morning, production manager, Sarah, notices that a machinist, Tom, is exhibiting unusual behavior. Tom, who is typically punctual and focused on his tasks, arrives late for his shift. When he does arrive, Sarah observes that he appears disheveled, with bloodshot eyes and slowed speech. His movements are uncoordinated, and he seems unable to concentrate on his work.

Concerned about Tom’s behavior, Sarah decides to act in accordance with the company’s reasonable suspicion policy. She discreetly documents her observations and consults with a co-worker Juan, who is also trained on the company’s reasonable suspicion guidelines. Together, they agree that Tom’s behavior meets the criteria for reasonable suspicion of substance abuse.

Following the protocol outlined in the policy, Sarah and Juan approach Tom in a private setting. They express their concerns about his well-being and performance, citing specific examples of his behavior. Tom initially denies any issues but when asked if anything else could be impacting his behavior Tom eventually admits that he has been struggling with substance abuse outside of work.

In accordance with the reasonable suspicion policy, Tom is temporarily relieved of his duties and offered assistance through the company’s employee assistance program (EAP). He is provided with resources for counseling and rehabilitation to address his substance abuse issues. Additionally, he is informed of the company’s expectations for returning to work, including compliance with drug-free workplace policies and regular follow-up meetings to monitor his progress.

By adhering to the reasonable suspicion policy, an organization demonstrates its commitment to employee safety and support. The policy allows for early intervention in situations where substance abuse may pose a risk to individuals and the workplace environment, while also providing avenues for employees to seek help and rehabilitation.

If you need guidance establishing a Reasonable Suspicion Policy and Process our team is here to assist you. We’ll guide you through the intricacies of a Drug Testing Process and provide personalized guidance tailored to your specific needs. Reach out to us today to schedule your complimentary discussion click here .