Effective today, recreational marijuana is legal for personal use in Connecticut. Your employees might think that this means they have free reign to use marijuana in the workplace. They would be wrong. In fact, the new law provides employers with significant authority to prohibit marijuana use in the workplace and punish marijuana use outside of the workplace. The new law also imposes additional restrictions on smoking and vaping (both tobacco and cannabis) at work.
Adding to the confusion that employers and employees alike will have to sort out is the fact that the effective date of the law regarding workplace regulation of cannabis is not until July 1, 2022. That means employers, for now, can follow the pre-legalization rules. For example, prior to July 1, 2022, employers can prohibit any cannabis use by employees (unless for certified medical reasons) and can test for it as well. As outlined below, some slightly different rules will apply after July 1, 2022, although the practical effect is that employers will still have the ability to regulate recreational use of cannabis. That said, the rules regulating smoking in the workplace go into effect on October 1, 2021, so employers should not put off reviewing their policies and procedures now.
This post will explain the rules that go into effect, and what you can do now to maintain the integrity of your workplace now.
Cannabis Use And The Workplace
First off, the law creates two sets of rules depending on whether the employer or a particular job/position in question is considered “exempt” from regulation. “Exempt Employers” include those whose primary activity is mining, utilities, construction, manufacturing, transportation or delivery, educational services (schools), healthcare or social services, justice, public order and safety activities, national security and international affairs. All positions at Exempt Employers are excluded from coverage. “Exempt Positions” include firefighters, EMTs, police officers, DOC employees in direct contact with inmates, those requiring operation of a motor vehicle for which federal or state law requires screening tests, and positions that require a CDL, to name a few.
Effective July 1, 2022:
- ALL employers can prohibit possession or use of recreational marijuana in the workplace. Employers do not have to make accommodations for use of recreational marijuana, but must still allow possession of medical marijuana by a qualifying patient.
- ALL employers can take disciplinary action against employees for possession, use, and consumption of recreational marijuana outside the workplace, so long as the employer has a policy that is in writing and made available to employees.
- Non-exempt employers/positions: Employers cannot discharge or take any adverse action against an employee or prospective employee solely because the employee used marijuana outside the workplace before employment.
- Non-exempt employers/employees: Employers can take adverse action against an employee for a positive marijuana test if such test was conducted based on “reasonable suspicion” of intoxication, as part of “fitness for duty” requirements, or on a random basis if the employer is required to do so by law or has a policy on such testing.
- Exempt employers (or exempt positions at non-exempt employers): Employers can refuse to hire or take disciplinary action for…
Credit:Source link