“Even the most well-intentioned employees and employers might get caught up in this.”
By Sophie Nieto-Muñoz, New Jersey Monitor
The workplace guidelines released by the state agency overseeing cannabis has employers dazed and confused over what they can do to discipline a worker who might be high on the job.
Cannabis law experts and employment attorneys called the rules and their rollout vague and baffling, and said the suggestions outlined are impractical to implement and keep businesses in a “state of limbo.”
“I see a lot of risk from both the employer and the employees’ side that’s a little concerning,” said Sean Sanders, a Pine Brook-based employment attorney at Frier Levitt.
Earlier this month, the Cannabis Regulatory Commission issued interim guidance while it continues to develop more permanent regulations to certify workplace impairment experts, known as WIREs, regulations that are required by the marijuana legalization law. Since legalization, employees can no longer be terminated solely because of a drug test positive for marijuana.
The interim guidelines allow employers to use an observation report form issued by the agency, which, when used in conjunction with a positive drug test for marijuana, could be sufficient for firing. Employers can use a third-party contractor to assist with impairment observations, or another staff member who is sufficiently trained to catch the signs of impairment.
Dianna Houenou, chair of the Cannabis Regulatory Commission, said...
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