Washington, D.C., employers will soon be prohibited from disciplining, terminating or refusing to hire individuals based on marijuana use or a positive marijuana test. The Cannabis Employment Protections Amendment Act of 2022 will take effect on July 13, 2023, or shortly thereafter.
The law, however, contains a few exceptions. Employers will not be in violation if their actions are required by federal statute, federal regulations, or a federal contract or funding agreement, or if the employee used or possessed marijuana at work or while performing work-related duties. The law also does not cover employees in “safety-sensitive” positions, such as police, security, guards, construction workers, operators of heavy machinery, healthcare workers, caretakers, or gas and power company employees.
Once the act takes effect, employers will have 60 days to notify their employees of (1) their new rights under the legislation, (2) whether their position is designated as safety sensitive and (3) the protocols for drug and alcohol testing. Employers must then provide the same information to employees annually and to each new hire.
Practical Advice for Employers
D.C. employers should promptly evaluate which positions are safety sensitive so they can provide written notification when required.
D.C. employers should also review their drug and alcohol policies to make sure they (i) provide for testing upon reasonable suspicion and (ii) set forth testing protocols. Businesses should also make...
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