High on the to-do list for bosses and business owners is to consider that some employees might use medical marijuana and how that could affect workplace operations, experts said Thursday in Greensburg.
“As employers, this requires our utmost attention and we really have to stay on board with the latest research and the cutting edge stuff that’s out there,” said VonZell Wade, clinical director of SpiritLife Center treatment facility in Indiana County.
About 50 people attended a workshop co-sponsored by Westmoreland County Recovery Friendly Workplace and the Westmoreland County Drug Overdose Task Force. Attendees ranged from employers to treatment providers.
Brian Edmiston, safety manager and human resources at Sierra Alloys/TSI Titanium in Derry Township, attended to learn more about what the manufacturing facility can do to protect employees.
“Where do you draw the line?” he said. “They have rights, but we have a responsibility for safety as well.”
Three experts at the workshop advised employers to create flexible policies, stay up-to-date on the law and review and update employee handbooks and other policies.
Employers should be flexible in their policies, review drug testing policies and consider employees’ unique situations, Wade said.
Kate Koop Irwin, an employment and labor law attorney at Tucker Arensberg in Pittsburgh, discussed how long the psychoactive ingredient in marijuana — THC — takes to absorb into a person’s bloodstream and how long it stays there.
“There’s a concern about when the employee is using,” she said. “Could they be coming to work, unbeknownst to themselves, under the influence?”
State law prohibits employers from discriminating against an employee or potential employee who has a medical marijuana card, she said. However, employers can discipline an employee if their performance falters or prohibit them from completing certain safety-sensitive job duties.
“You need to be able to tell if they’re actually under the influence,” she said.
Annette Gold-Marney, president of You’re Hired, advised employers to revise handbooks, review hiring practices and evaluate drug testing procedures.
“You have to educate the managers because they’re the eyes, they’re going to be the ones seeing what’s going on,” she said.
Another good practice would be to identify safety-sensitive positions and create a physical demands checklist for each position, along with clearly-defined performance standards, she said.
“If you don’t have that designation, how are you going to know … how to handle the situation?” she said.
