Ohio employers must prepare now that recreational cannabis sales have been legalized — and your employees can legally purchase the drug across the state. Starting August 6, Ohio residents who are 21 years of age or older will be allowed to purchase and possess up to 2.5 ounces of cannabis. What are six things Ohio employers need to do now that recreational cannabis sales have begun?
Expanded availability of cannabis
Since Ohio approved the use of medical marijuana back in 2016, it may already have policies in place regarding cannabis use in the workplace. The law provides that an employer has the right to take employment action if medical cannabis use impacts the workplace. However, only certain employees were allowed to use medical marijuana, depending on the prevailing medical conditions.
However, the new law legalizing cannabis for recreational use changes the situation in Ohio. It expands the number of employees who can legally consume cannabis to anyone 21 years of age or older. The end result: an increased likelihood that your employees will have cannabis in their system during work hours, whether they are under the influence of cannabis or not.
Protection for employers
The law provides specific provisions that protect an employer’s right to discipline and fire employees when cannabis use impacts the workplace. Similar to medical marijuana, employers in Ohio retain all of the following rights:
- An employer is not obligated to permit or support the use, possession or distribution of adult-use cannabis by an employee. at workeven if these were caused by legal cannabis consumption outside working hours;
- The same applies Drug-impaired employees – Employers do not have to tolerate such behaviour;
- An employer may refuse to hire, fire, discipline or take any other action. adverse employment measures against a person because of that person’s use, possession or distribution of cannabis in the workplace;
- An employer may Drug testing guidelinesdrug-free workplace policy and/or zero-tolerance drug policy; and
- If an employer fires an employee for cannabis use in violation of company policy, the employee is considered dismissed for good cause.
Your 6-step plan
Below is a six-step action plan for employers that may be helpful now that adult-use recreational cannabis sales have begun:
1. Review and update drug testing protocols. If you haven’t already, review your desired testing programs and protocols for pre-employment, post-accident, and reasonable suspicion testing. Keep in mind that you may have mandatory testing requirements under certain state and/or federal regulations, such as those of the Department of Transportation. Also, review your agreements with your insurance carriers to determine if cannabis testing is a requirement for coverage and/or any discounts. Since cannabis testing is not an exact science, discuss with your lab the differences between qualitative and quantitative testing and which tests will best support enforcement of your workplace policies.
Employers not covered by such a requirement may consider a number of options for testing, including pre-employment testing, post-accident testing, random testing and reasonable suspicion testing. Testing options may include:
- Testing of all employees (regardless of profession or position) before employment, randomly, after accidents and/or if there is reasonable suspicion for all drugs tested, including cannabis;
- Stop or suspend all drug testing;
- Stop or interrupt all pre-employment testing.
- Remove cannabis from all testing panels;
- Remove cannabis from the pre-employment tests only, but continue to test for cannabis in other tests.
- Test for all drugs, but only for certain occupations or positions (e.g. security-related positions).
2. Update policies. Update employee handbooks, workers’ compensation policies, and other policies to ensure employees are aware that cannabis is still prohibited in the workplace despite legalization. Policies should clearly inform employees that possession or use of cannabis is prohibited in the workplace and that employees are not permitted to use cannabis during lunch or other breaks. Company policies should clearly outline the consequences of prohibited use in the workplace.
3. Consider last-chance policies and substance abuse control programs. Determine whether you want to implement last-chance programs for employees who test positive or provide them with access to a substance abuse program.
4. Offer training. Train human resources professionals, managers and supervisors to have conversations with employees about medical and personal cannabis use. Make sure your managers are fully aware of workplace cannabis use policies, testing protocols and disciplinary policies.
5. Stay alert. Train your managers on the signs of impairment in the workplace and your company’s policies for handling work while under the influence of cannabis.
6. Communicate. Hold a meeting to inform employees about the company’s position and expectations regarding cannabis use.
