Employees who use recreational marijuana now that it is legal in Minnesota won some protections in House File 100. Pre-employment drug screening is restricted, and employers will need to update policies for when reasonable suspicion of impairment can lead to discipline or firing.
But employees can still get fired or disciplined for marijuana and hemp-derived product use or possession at work and employers can still require testing — pre-employment and post-accident — for a wide swath of job types.
In addition, testing and workplace policy won’t change much for people in transportation, public safety or in “safety sensitive positions,” defined as jobs where being impaired “would threaten the health or safety of any person.” Random testing is still allowed for workers in those safety sensitive positions as well as for professional athletes who are covered by testing rules.
“People ask, ‘I smoke. It’s legal. And now you’re telling me I can potentially lose my job because I was tested,’ ” said Lisa Kons, the traffic safety programs manager for the Minnesota Safety Council, who has conducted training sessions with 1,000 employers since the law passed. “It’s going to be really important for employers and employees to know what they are up against within the confines of their workplace.”
The 300-page bill is complicated, and figuring out how new provisions dovetail with existing law has kept employment lawyers busy since House File 100 was signed into law in May. Generally...
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