b'Operations & Safetybetter approach is to cover marijuana use.If your policy is worded correctly, you still shouldYou better have some good evidence that have multiple options for how to deal with anthe employee actually was under the employee who tests positive.But if you would rather not treat it as a violation, that is yourinfluence based upon observationright.For DoT testing, any positive result for marijuana mustAlso, most state laws make clear that you dont have be reported as a positive.For non-DoT testing, once youto permit employees to be under the influence of decide how you want to handle marijuana use under yourmarijuana at work.The problem is that, unlike with alcohol, policy, the next step is to interface with your drug screeningthere is no reliable drug test that will prove an employee company or Medical Review Officer.Otherwise, you areis under the influence of marijuana at a specific period leaving the decision up to them.For example, someof time.If your state law says that you still can terminate drug testing professionals have a policy of reporting asomeone for being under the influence of marijuana, be positive medical marijuana test as a negative result absentcareful.You better have some good evidence that the contrary instructions from the employer.Even worse, youemployee actually was under the influence based upon probably wont even know that the employee actuallyobservation.A drug test alone wont do it. tested positive.The drug testing professional shouldFinally, as you read this, there is an ongoing effort honor your requests in this regard, at least with respect toto create legal precedent that an employer has the medical marijuana.If they wont honor your preferences,obligation to accommodate medical marijuana under find someone who will.disability discrimination laws.In my view, this largely is an Despite all of the above, it is important that employersattempt to parse and twist statutory language to arrive at understand how quickly the law is changing.There is aa result that was never intended.But that is what lawyers growing list of states and cities that to some extent prohibitget paid do.While I do not think this will work in most employers from terminating employees for marijuana usestates, it already has worked in a few. that is legal under state law.Perhaps worse, some stateSo whats an employer supposed to do? Believe it laws are poorly written and ambiguous on the topic. or not, my best practical advice in most situations has It is difficult to keep track of these developments withoutnot changed. When an employer calls me about an a score card.It has become a whole new area of theemployee that may be using drugs, my starting point law.In fact, I recently heard speakers from the Cannabisis to see if it would be better to address the situation as Practice Group from the lawyers in the San Francisco anda performance issue rather than a drug use issue.If Los Angeles offices of a large national law firm.Just thisyou have enough basis to terminate an employee for year, the marijuana laws have changed significantly inperformance reasons, why muddy the waters?While Arkansas, Missouri, Michigan, and Utah. Like it or not, this isthere are situations where it makes sense to go down only the beginning. the suspicion of drug use route, there are more situations where going down that road is exactly the wrong thing to When we lawyers write articles like this, we usuallydo.With the uncertainty of the law, this is true now more add some kind of disclaimer saying that the articlethan ever.is for general information and should not be used forIf you think you need to go down that road, you need legal advice.This usually is just to cover ourselves.Thisto check for detours, delays, roadblocks and alternative time, please take it to heart. I am going to share someroutes before you start.This means you need to find out generalities with you to help guide you through this. what the law is, and get good legal advice on how to That is no substitute for sound legal advice based uponproceed.The law is just too unsettled and changing too the current laws in the states or cities where you haverapidly to do anything else.employees. The laws of every state are different, and most are subject to differing interpretations. Steve Watring (saw@amfdayton.com) is a partner in the labor In some states, an employer still can treat any marijuanaand employment law group of Auman, Mahan & Furry.He has use as a terminable offense even if that use is legal undercounseled employers, written articles and given speeches on state law.Even in states where this is not true, you usuallydrugs and alcohol in the workplace since the 1980s.Steve dont have to permit employees to use marijuana atformerly served as chair of the Dayton Chamber of Commerces work, and you can fire them if they do.In these states, itDrugs Dont Work Committee.He is a Certified Specialist in probably is going to work a lot like consuming alcohol atLabor and Employment Law.He holds a Preeminent rating work.You can fire the employeebut you need to befrom Martindale-Hubbell, and has been recognized as a Super able to prove it. Lawyer.www.mrca.orgMidwest Roofer 39'