In a recent blog on current legal requirements related to marijuana and the workplace, we referenced a recent bill that was introduced in Oregon. That bill was recently halted in the Senate due to lack of support, and a vote will not be scheduled.
The proposed bill would have prohibited employers from terminating an employee on the basis of off-site use of marijuana.
Proponents of the bill hoped it would encourage employers to do away with drug testing. There have been multiple cases over the years of employees who were fired due to testing positively for marijuana, despite not coming to work under the influence or partaking in marijuana at work or on a break from work. The common comparison is to that of alcohol consumption – unlike alcohol, marijuana is detectable in a drug screen for an extended period.
Detractors of the bill had safety concerns, particularly in manufacturing settings or in other operations that involve heavy machinery.
As a result of this bill not passing, folks who test positive for marijuana, including those who are medical marijuana users, may still be legally terminated.
What are the takeaways from this?
Although it didn’t pass, this legislation made significant progress before it failed. As we approach the one year anniversary of recreational marijuana sales, the conversation of how this legal, recreational substance should or should not be present in the workplace still continues.
Stay abreast of new legal measures that emerge regarding marijuana, and make sure you have reviewed your workplace policies and that they contain all necessary components. Also be aware of HR trends around marijuana, and consider changes that ensure your policies best align with your industry and company values. Finally, confirm that your policies are clearly communicated so that employees fully understand your company’s stance on marijuana and how their usage of the substance will or will not impact their job, and enforce policies consistently to avoid liability. Also consider educating your workforce on how marijuana works in the body, as a preventative measure.
Off-Duty Marijuana Use Can Still Get You Fired
