Marijuana on the job

[ddbackhoe]

The new trial and error problem, how do you cope with employees that now can get �edical marijuana cards. We have a zero tolerance policy in place, but not sure how much longer that will be enforceable. Read an interesting article today on the topic, what are your thoughts/opinions. Letting employees/staff get high or drunk on a construction site is not the acceptable answer.
Don’t Let Your Business Go Up in Smoke

 

[Diggin It]

So how do you handle people who use other medications like codeine in cough medicine that can affect their abilities? There are a lot of legal things than can affect a persons balance and ability to perform simple tasks.

 

[Diggin It]

Also, consider that HIPAA laws may not even let you know if they have such a card or are taking legal medications.

 

[MossRoad]

Your company should put into place policy regarding alcohol and drugs, both legal and illegal.

And they should put into place drug and alcohol testing policy after any incident that results in personal injury or business losses.

Those policies should be clear and concise, with spelled out discipline up to and including termination.

I recall I had to take pain killers at work one day. Prescription meds. I started feeling kinda loopy pretty quick. Went to my boss and told him, hey, I took my meds and feel loopy. He told me I should go home. I said OK, but I can't drive like this. He said call your wife, take a cab, whatever, just don't do anything and get out of the building as soon as safely possible. Seems perfectly reasonable to me.

 

[shooterdon]

If someone appears "under the influence" I would send them home. Does not matter if legal or illegal drug. It is a safety issue.

Much easier to do in a union plant. Example. There was a maintenance guy carrying a 2x4 stud in the plant who reported to me. he was carrying it across his body instead of how one would normally carry a long object down the aisle. I brought in the union steward and asked him to see for himself and talk to the man. Steward came back after about 30 minutes, and asked if the fellow could go home without making it an issue. Done deal.

 

[David Wayne]

If you think they are under the influence you cant just send them home. You can see to it they get home safely.
Been there in union shop, If you take them home and have an accident-you are liable, send them home and they have an accident-you are liable for sending them. If you send them home and try to fire them for being under the influence you will lose-if you felt they could drive home, then they could work. Where I worked it got so they would call a squad anytime someone needed any medical treatment because of transportation liabilities.

To answer your question it should be treated the same as any prescription med per your company policy.

 

[Tractor Seabee]

So far in this legal recreation marijuana state employers are able to deny initial employment to persons who do not pass an entrance test for all federal illegal drugs and alcohol unless supported by a prescription. After employment testing and continuation is per the company employment manual. Pays for employers to make sure your manual passes all employment legal situations up front not after an incident you cannot enforce or results in a suit against the employer. Due to safety regulations and liability insurers construction has these policies for decades. As a supervisor I always had union backing on those policies. I have heard that a lot of union contracts now place pre-employment testing with the union. You cannot be dispatched w/o a clean test.

Wonder where this will go in the next ten years as legalizing of drugs continues. Even opiates are not enforced in the city of Seattle where they have shoot houses with free needles.

Ron

 

[WoodChuckDad]

I have to report all medications to my employer. I am subject to random tests. 1st violation....termination,. It is spelled out quite clearly. Even alchohol. Spelled out in explicit detail . Test positive on the job..(there are specific levels).termination

 

[Looking4new]

My company has a policy of NO prescription or otherwise drugs/alcohol on the job. PERIOD.
We are a construction company and have had that policy in place for 30 years that I know of.
1st offense, time off.
2nd offense, more time off.
3rd offense IF you admit you have a problem, then rehab.
If you get caught after the rehab FIRED.
Canadas' hiring and firing laws are different.

Even though I hold a MM card, I will NOT partake of it within 24 hours of going to work.
When April 1st comes I will stop taking the MM in order to be clean for the companies 'invasion of privacy', which will probably take place in May.

 

[Diggin It]

My company has a policy of NO prescription or otherwise drugs/alcohol on the job. PERIOD.

Insulin? BP meds? Nitro or other Heart meds?

 

[Tomtint]

I have to wonder how long it will be before there there is an accident and a fatality..where the cause is because someone is stoned on "legal" pot....And some lawyer gets the idea to sue the state that legalized it...

 

[cathy liebchen]

Here it is a harsh business oriented deal. Random drug test and just fire them. Odor of alcohol? fired. Also they don't hire overweight or smokers

 

[ddbackhoe]

Thanks for the thoughts. As stated, there is a policy in place for legal and illegal but recent changes make it somewhat outdated and we are looking for a couple of new hires. Like a lot of other things, I dont care what you do at your house but I do expect you to respectful of the rules at my house.
We drive hard to be more than a team. We have weekly all hands meetings to ask whats going right or wrong. We have what I think is a strong safety program where anyone, at any time, is allowed to shut the site down. We have a sick and annual leave schedule. There are 3 company sponsored events a year where the employee and guest are provided with transportation so they can enjoy themselves as they choose.

 

[tjkubota93]

I have to wonder how long it will be before there there is an accident and a fatality..where the cause is because someone is stoned on "legal" pot....And some lawyer gets the idea to sue the state that legalized it...

Beer is legal. If you kill someone while drunk, it's your *****. I would expect weed to be the same. They are going to need a high right now test, not the current high today or a month ago test.

 

[Diggin It]

There are 3 company sponsored events a year where the employee and guest are provided with transportation so they can enjoy themselves as they choose.

A lot of companies have stopped picnics, ball games, holiday parties of all kinds because of employees 'enjoying themselves' in ways that didn't involve driving. Others only do them during company time and on company property so that all other rules apply. There can still be liability at those gatherings especially if the 'enjoyment' is provided.

 

[ddbackhoe]

Beer is legal. If you kill someone while drunk, it's your *****. I would expect weed to be the same. They are going to need a high right now test, not the current high today or a month ago test.

Not everywhere, Md has some dram shop laws and under those, with a good lawyer, you could prove it was someone else’s fault (liquor store, bar, friend).

Yea, not sure they can administer a breath test or swab on the spot.

 

[ddbackhoe]

A lot of companies have stopped picnics, ball games, holiday parties of all kinds because of employees 'enjoying themselves' in ways that didn't involve driving. Others only do them during company time and on company property so that all other rules apply. There can still be liability at those gatherings especially if the 'enjoyment' is provided.

Right, number one rule is people suck and will do anything to take what you worked for. No matter how hard you try to be fair and decent, someone wants to screw it up because they dont think its fair unless they get more.
This is why we are getting new rules, hoping the lawyer can minimize the implications and future costs.

 

[Motorboatin]

I think the insurance industry will be the one to tackle the issue and force the companies they represent to adopt new policies

I talked to my agent when we were drafting our company drug and alcohol policy and our insurance provider was more than willing to give us advice

 

[Industrial Toys]

I knew people who supported critical communications infrastructure in the area who smoked grass all the time! None of them ever seemed "off" or incapable of driving or doing their jobs. I also knew a brilliant engineer with GE who smoked all the time. In fact, these people were probably more capable than 99% of (stone cold sober) people out there IMO. Just stating my observations.

It seems probable that when they do tests on people for the the effects of drugs and alcohol, they use people who have never done any of that. BIG difference!

And just for the record, any mind altering drug just isn't my thing. Never has been. So yeah, make me smoke a big dubee, ask me to operate heavy equipment, and I will probably make a mistake.

 

[dieselcrawler]

I will be following this with intrest.

Smoked daily for years. Quit for personal and professional reasons in 2011. Find myself drinking more, which scares me more. Motor skills are impaired noticeably with alcohol, not with pot. Based on personal experience, Id much rather work with someone who smoked a joint to take the edge off than one who drank a few beers.

Lets see where this issue goes over the next few years.

Funny that I miss cigarettes daily, the craving never stops, and I only smoked them for a couple years, years ago. Never get that craving for pot.