The Chamber successfully obtained language in the cannabis trailer bill to codify the workplace protections that were raised in legislative intent from the Spring session.
The changes secured by the Chamber codify several key issues for employers and protects from litigation actions taken by an employer for random drug testing, pre-employment testing and for failure of a drug test. It clears up the concern that an employer might have to prove impairment when an employee fails a drug test. An employer still will need its drug and alcohol policy to meet the standards of reasonableness and non-discrimination. These changes provide greater clarity and protections to employers that need and want safe employees, safe workplaces and a safe public.
While we were unable to secure exemption of the medicinal marijuana law from the Privacy in the Workplace Act, we have commitments from the legislative sponsors and the Governor’s Office that the issue will be dealt with next session.
The measure was approved by the House on a 90-20-1 vote and by the Senate 41-6-1 and now goes to the Governor for his signature. Language of the bill can be found here.