To enforce their rules, they must have a certified Workplace Impairment Recognition Expert witness impaired behavior by an employee and a positive drug test indicating presence of marijuana in a person’s system.
But employers say they are at a loss as the new law hits its one-year mark on Tuesday, even as regulators miss a target date to open the market. It’s largely because of a court fight over those impairment experts.
Rachel Anevski, whose firm, Matters of Management LLC, advises employers, HR managers and business owners, said legalizing recreational cannabis has thrown many of her clients for a loop — especially those who must ensure their workers are not impaired, such as in warehousing, commercial licensed drivers, manufacturing, or contracted with the pharmaceutical industry.
“If you go on site, you have to have a background check and a random drug test,” at these companies, said Anevski. “So what do you do now that we’ve legalized marijuana on the recreational side as well, and what does it do now for new hires? My clients are really feeling the pressure and feeling the confusion around this situation.”