Drug-free workplace policies

Employers can protect themselves from some of the gray areas of medical marijuana by instituting drug-free workplace policies. Wording such as the following may help prevent liability.

"While on company premises and while conducting business-related activities off company premises, no associate may use, possess, distribute, sell or be under the influence of alcohol or illegal drugs. The legal use of drugs prescribed for an associate's personal use is permitted on the job only if it does not impair the individual's ability to perform the essential functions of the job effectively and in a safe manner. Violations of this policy may lead to corrective action, up to and including termination of employment and/or required participation in a substance abuse rehabilitation or treatment program."

The policy should also stipulate when drug testing may be done. For example, after a work-related injury or accident, and when there is reasonable suspicion that the person may be on drugs.

Use of Schedule II narcotics decreases among California injured workers (08/13/12)
IAIABC, ACOEM target state workers' comp agencies with opioid message (10/24/11)
Study shows increasing frequency, costs of physician-dispensed meds (09/06/12)
Opioids, physician dispensing continue to concern practitioners (02/25/13)
Opioids, physician dispensing are major concerns among WC payers (02/11/13)

May 14, 2012

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