In a world of ever changing risks, it’s impossible for risk managers to know what they will be dealing with next.
That fact was brought home once again at a conference recently, during a discussion with a risk manager from California. Since medical marijuana is legal there, a number of issues for employers are cropping up.
For example, what are the parameters of drug testing for marijuana, since it is a legal medical drug? Could a contractor, for example, who is subject to testing for alcohol be tested for marijuana? Even if the drug is legal, the risk manager said, the substance could impair judgment, jeopardizing the safety of the user and others.
One case being followed is a lawsuit in Michigan against Walmart, where an employee who used medical marijuana was fired after failing a drug test. This case, understandably, is of particular interest to corporate risk managers and HR directors.
NACS, an international association for convenience stores and petroleum retailing, noted that 14 states and the District of Columbia permit the use of medical marijuana by patients suffering from certain medical conditions, such as cancer or glaucoma. The Obama administration, it said, has directed federal prosecutors to respect medical marijuana users following their state laws—even if it conflicts with federal law banning marijuana use.
States vary on what is allowed in dealing with employees taking marijuana, leaving companies in a quandary, especially those with employees doing potentially dangerous jobs, such as construction. I can think of others, too, including mining and electrical work and anyone operating a motor vehicle, such as taxi drivers and long-haul truck drivers. In these situations, an impaired employee—legally or not—could be a danger to him or herself and other employees as well.
The question is what is an employer allowed to do in these situations and which laws, federal or state, should be adhered to?
Risk managers, have you have any experience with these types of situations and have you had to deal with these issues yet?
