Permitted Workplace Rules
Under the new law an employer may still:
- Maintain “a drug- and alcohol-free workplace;”
- Prohibit “the possession, transfer, display, transportation, sale and growth” of cannabis “in the workplace;” and
- Promulgate a policy that employees shall not use cannabis or be intoxicated “during work hours.”
Notwithstanding being permitted to have in place any of the above policies, an employer may not discipline an employee “solely due to the presence of cannabinoid metabolites in the employee’s bodily fluid” and may not enforce a no-use policy by testing an employee unless:
The employer uses “scientifically reliable objective testing methods and procedures, such as testing of blood, urine, or saliva,” and
The employer conducts “a physical evaluation in order to determine an employee’s state of impairment” and such evaluation is conducted by an individual that has been certified by the state as having the qualifications to opine on the employee’s state of impairment, or lack thereof, related to the usage of a cannabis item.
It is not expected that the state will be providing such certifications for many months.