Question

in your opinion, how does the recent regulation of Marijuana in many states affect workplace privacy law?

Answer 1

Any state that has passed a recreational marijuana legislation strictly regulates the use of the drug by, for example, prohibiting its use in public, regulating where it can be bought and limiting how much can be grown at home. Importantly, there is no state law that forces workers to allow use on the job.

Employers in states where marijuana has been legalised must first determine whether the Drug Free Workplace Act (the Act) regulates their workplace. The Act requires all federal grant recipients and federal contractors to adopt a zero tolerance policy at their workplaces and certify that their workplaces are drug-free for the federal Government. In addition to this certification, these employers generally have to: develop and publish a written policy for employees, and ensure that employees read and consent to the policy as an employment condition.

If an employer is not required to comply with the Act, a zero tolerance policy for those workers in "safety-sensitive" positions may still be instituted by such employer. In general, a "safety-sensitive" position is one where an employee is responsible for the safety of themselves or others. Positions which fit this designation would include, among many others, those involving driving or using machinery. If such a position requires a business driver's license (CDL), then the employer is required to comply with the 1991 Omnibus Transportation Employee Safety Act, which requires all employers to test drug employees whose duties require a CDL