When Colorado enacted Amendment 64 to Article 18 of the state’s constitution in order to legalize marijuana, a provision was included that specifically stated the law does not require employers to permit or accommodate marijuana use and does not affect the ability of employers to have policies restricting the use of marijuana. Not only do Colorado employers need be aware of this, but employers nationwide should pay attention, as it’s likely that other states will see this legalization happen sooner or later.
As of now, marijuana use remains illegal under federal law for any business that receives federal grants, funding, or employs federal contractors. This legalization also doesn’t mean that companies in Colorado should abandon their drug-free workplace policy or stop drug testing. While employers may want to reconsider how to conduct drug tests for marijuana, as some methods are more accurate than others, drug testing and drug policies should be more stringent than ever.
Why should your clients have a strong workplace drug policy? Having one in place could drastically reduce the cost to a business from decreased productivity and increased health claims. Absenteeism, injuries on the job, mistakes in work, and many other problems are reduced when an effective drug and alcohol policy are in place.
What are the traits of an effective policy? First off, it must be well-written and signed by each employee in order to ensure understanding. An effective policy can only be implemented if there is adequate employee education and awareness, in addition to supervisor training. Lastly, drug and alcohol testing must be a priority; otherwise abusing employees will not take the policy seriously.
An effective policy could also go a long way in possibly preventing an Employment Practices Liability Insurance (EPLI) claim. PLRisk Advisors offers clients in all classes of business a competitive EPLI product designed to cover legal fees, settlements and damage awards that result from EPLI claims. Please contact us today at (855) 403-5982 to learn more.
