No employer wants to face the prospect of a lawsuit for terminating an employee for marijuana use. At the same time, maintaining a safe and efficient work environment should be the prerogative of any business owner. In order to meet the needs of employees who rely on the benefits of medical marijuana and keep your businesses safe from unwanted litigation, employers should consider implementing the following action plan:
1. Carefully review and revise all drug and alcohol policies to comply with the Arizona's medical marijuana and drug testing laws.
2. Identify any industry-specific laws or regulations that may apply to your industry. For example, companies subject to specific federal requirements such as Department of Transportation regulations may need to adopt separate drug and alcohol polices for different employee sub-groups (i.e. drivers versus clerical/office workers). Companies that fall within this category should work closely with legal counsel to ensure compliance with federal and state laws.
3. Reinforce your company's commitment to its drug and alcohol policies by notifying employees of continuing requirements, redistributing policies, and conducting refresher training.
4. Conduct training with supervisors to ensure that they understand and abide by any new policies and do not engage in any behavior that could be considered discriminatory.
Originally published in Phoenix Business Journal - April 2014
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
