Whether you agree with the legalization of marijuana for recreational use or not, the fact is the landscape has drastically changed from even a few years ago. In an educational session given at 9 a.m. today at the 2023 NECA Show in Philadelphia, Lauren Rayner Davis, an associate with Peckar & Abramson, outlined practical approaches to worker impairment related to cannabis use on construction projects. The bottom line is times are changing fast, and electrical employers must be educated on the pertinent laws, how they affect the worker/employee relationship, and the liabilities that come from cannabis legalization from an employer’s standpoint.
To put things into perspective, here are a few statistical highlights from the presentation:
- Approximately half of Americans, some 78 million, claim to have used marijuana at some point in their lifetime.
- 55 million American adults currently use marijuana (16.9%).
- 72% of Americans say that regular alcohol use is more of a health risk than the regular use of marijuana.
- Studies also show that more than half of Americans (at least 56%) believe using marijuana is “socially acceptable.”
- No deaths have been reported due to cannabis overdose.
In the presentation, Davis defined what impairment really means in a construction setting, discussed why the timeline of impairment is so important and covered federal drug laws. She also went on to educate the audience on how to develop a comprehensive written policy, how to properly maintain records, the consequences following testing and best practices for supervisors to recognize impairment.
According to Davis, as of the date of this presentation, 23 states and the District of Columbia have enacted laws to legalize marijuana for recreational and/or medical purposes – there are only six states where it is currently illegal. So this is an issue that’s not going away. Recommending that employers always consult with qualified legal counsel before developing and enforcing a drug policy, David maintains the first step to success is creating a quality purpose statement that clearly outlines your expectations as an employer upfront. And always document, document, document. “Now more than ever, we need to invest in a competent workforce and be really invested in the vetting process,” she says. “With the laws changing rapidly, the evidentiary support may change as well. So by documenting everything, you’ll be ready even in the future legal landscape.”
