Employers are trying to bolster workplace safety as the use of marijuana rises and more states legalize the recreational use of cannabis. (The latest state to do so is Minnesota, effective Aug. 1.) Training to help managers recognize the signs of cannabis use and policies barring the use of cannabis during work hours can help prevent accidents.
The number of post-accident drug tests that came up positive for marijuana grew 204 percent from 2012 to 2022, according to research from Quest Diagnostics, coinciding with a trend of more states legalizing recreational cannabis use. But confirming whether an employee is under the influence of cannabis is tricky, as no drug test detects current cannabis use and state laws vary as to what types of testing are lawful.
Clarify Policies
"Employers should ensure that they have clear policies advising employees that cannabis use during work hours—including meal breaks and rest breaks—is not permitted, and that cannabis use is not permitted on company premises, including in an employee's car in the company parking lot," said Kathryn Russo, an attorney with Jackson Lewis in Melville, N.Y.
Otherwise, employees in states where cannabis is legal may argue they did not have fair notice of the company's expectations, said Jennifer Mora, an attorney with Seyfarth in San Francisco.
"Employees in safety-sensitive jobs should be requested to refrain from marijuana use for at least six to eight hours prior to reporting for work to ensure that they...
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