Top Employer Questions About Weed and the Workplace

Thursday, August 13, 2020

David Barron spoke with SHRM about how now that marijuana is legal in many states, can employers still ban it from the workplace? "Most testing only shows if metabolites are in the worker's system," explained David. So an employee could lawfully consume cannabis products on Saturday and test positive on Monday, even though the worker may no longer be under the influence. Employers have to rely on observable signs of intoxication, such as slurred speech and unusual behavior, David said. Employers don't want to suggest that someone has a drug or alcohol problem, he said, so many employers rely on a positive drug test plus some observable evidence that the worker is under the influence. Employers should train supervisors on the signs of being under the influence and how to properly document their observations, he said. 

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