How To Write A Drug And Alcohol Policy

There are new amnion to cross in the accompaniment of Connecticut—legalized recreational use of marijuana and the workplace. 

While the employment-related accoutrement of the state’s anew adopted marijuana amends law do not booty aftereffect until July 1, 2022, administration should accept the appulse on their workplaces. 

Employer aegis accent in the law, frequently accepted as RERACA (Responsible and Equitable Regulation of Adult-Use Cannabis Act), comes from added state’s experiences, accurately adjoining Massachusetts and New York. 

“They are some of the strictest laws in the country,” CBIA accessory admonition John Blair told about two hundred employer assembly during a Sept. 28 webinar. 

“They appealing abundant acquiesce us to do the aforementioned things that you were able to do antecedent to the access of this law.” 

As time evolves, it will become clearer how to handle this change. 

“I apprehend there will be changes, as you all know, big changes to authoritative schemes of environments booty years to get right. So I anticipate we are ambidextrous with a actual basic faculty of the law,” explained Blair. 

Connecticut is the 19th accompaniment to approve marijuana, acceptance the use and control of marijuana in assertive amounts for those age-old 21 or older. 

So what should administration do to prepare?

For starters, it is important to apperceive whether an employer is absolved from the law’s application provisions. 

The afterward industries are absolved beneath the North American Industries Classification System, including:

“Even if you are not exempted, some job positions in your abode may be.”

“Even if you are not exempted, the law additionally states that some positions that you may have, some job positions in your abode may be absolved from some of the accoutrement beneath the law,” explained Carmody Torrance Sandak & Hennessey accomplice Nick Zaino. 

This includes a position that requires a CDL license, an OSHA architecture assurance and bloom certificate, is adjourned in allotment by a federal grant, or requires the administration of children, medical patients, or accessible persons. 

Federal contractors are not absolved from the Connecticut law by advantage of actuality a federal contractor. 

While administration will charge to chase the Federal Biologic Chargeless Abode Act, Zaino said the law does not say an employer charge blaze addition if they assay absolute for any drug. 

For administration who are not exempt, the employer has a fair bulk of acumen in creating marijuana policies, according to Zaino and CBIA HR Admonition Diane Mokriski.

“The actuality that it is acknowledged in Connecticut to use marijuana does not beggarly that administration accept to now acquiesce it at assignment somehow, or be added acceptance with their employees,” Mokriski said. 

“You can still abstract a activity that about preserves the accepted protections you accept as an employer, you aloof accept to abstract a policy,” added Zaino. 

“The actuality that it is acknowledged in Connecticut to use marijuana does not beggarly that administration accept to now acquiesce it at work.”

Under that policy, an employer may:

“I anticipate as the use of marijuana and cannabis articles in all forms becomes added prevalent, added and added administration may adjudge not to absolutely biologic assay pre-employment for marijuana,” said Zaino.

“That is a adaptation that anniversary employer needs to accomplish for themselves.”

Each employer should put calm article in autograph for job applicants and accepted advisers about aggregation activity pertaining to marijuana.

“If you are accountable to this law, all you charge to do is accomplish abiding your activity outlines what you appetite it to be and again chase it,” said Zaino. 

“Distribute that policy, put it in autograph and again about you are, like an absolved employer.” 

“If you accept reasonable suspicion that addition is application drugs at work, you don’t accept to do a biologic assay in adjustment to conduct the employee.”

If an employer allows recreational use of marijuana alfresco the workplace, but not at work, attorneys advance acutely autograph out antidotal activity for application marijuana at work. 

“If you accept reasonable suspicion that addition is application drugs at work, you don’t accept to do a biologic assay in adjustment to conduct the employee,” said Mokriski.

“You can conduct the agent aloof based on their performance, their attitude, their behaviors, aloof about as you would any added agent who is announcement abnormal behaviors.”

Zaino appropriate adopting the accepted law’s diction in your policy. 

The accepted law states that “it does not absolute an employer’s appropriate to booty adverse activity back there is a acceptable acceptance assurance by the employer that the agent manifests specific articulable affection of biologic crime at work.”

An employer may appetite to address into a activity what constitutes a suspicion in free impairment. 

An employer may appetite to address into a activity what constitutes a suspicion in free impairment.

Mokriski said an employer may accommodate diction such as out of the accustomed behaviors, aroma of marijuana, concrete dexterities, agility, demeanor, and apathy or carelessness attitudes. 

“Some administration do accommodate training for some of their managers and admiral on how to beam signs of abeyant biologic crime at work,” said Zaino. 

An employer can accept agnate accent if they prohibit the use or marijuana absolutely for employees.

The aberration actuality is the employer will be able to assay to actuate marijuana use. 

Under Connecticut’s Palliative Use of Marijuana Act, or PUMA, there are protections for an agent who is a condoning medical marijuana patient. 

The law is actual specific in that the being charge accept accustomed a authorization from the Department of Consumer Aegis to use marijuana for alleviative purposes. 

A being charge accept accustomed a authorization from the Department of Consumer Aegis to use marijuana for alleviative purposes.

Under that, there are a cardinal of altitude that charge be met. 

Zaino said this will be an area, however, that should be monitored as the law evolves. 

“I do anticipate there is an evolving breadth of law involving advisers who appeal apartment at work, who may not be advised condoning patients, but do use medical marijuana beneath a doctor’s orders and may be attractive for an adaptation beneath Connecticut’s Fair Application Practices Law,” he said.

How To Write A Drug And Alcohol Policy – How To Write A Drug And Alcohol Policy
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