Legalized Marijuana Poses HR Issues for Construction Companies
Specialized HR consulting for construction companies helps firms respond to employee marijuana use
The legalization of marijuana sales in Colorado and Washington state, as well as the de facto legalization of recreational marijuana use in California, poses issues because these states’ laws conflict with federal law. Construction companies operating in states where marijuana use is legal may find their employees asking questions about how smoking pot off the clock might affect their jobs. Getting some advice from a professional specializing in HR consulting for construction companies can help firms provide the right answers to these questions and develop policies that are legal and appropriate.
Public Opinion Equates Pot with Alcohol
According to a recent poll from the Huffington post, about two-thirds of Americans do not believe employees should be fired for using marijuana at home, as long as it does not affect their job performance. Roughly the same number of polled individuals expressed a similar belief about alcohol use. However, the fact remains that alcohol and marijuana are not treated equally under federal law and should not be treated the same in your HR policies either.
Enforce Policies that Keep the Job Site Safe
Construction is a dangerous industry. As an employer, you have an obligation to keep all employees as safe as possible while on the job, and this means making sure intoxicated or impaired individuals are kept away from the job site. Many attorneys and HR professionals advising construction firms about employee marijuana use recommend taking a zero-tolerance stance in accordance with federal law. This means you can continue to utilize your existing drug-use policies, which should include:
- Pre-employment drug screening
- Random drug tests throughout the year
- Drug testing after accidents
These measures are still legal even in Colorado because of the state’s lawful off-duty conduct statute.
Have a Plan for Employees Who Test Positive for Marijuana
If an employee tests positive for marijuana in one of the states where this drug is legal, you may need to tread carefully. Ideally, you should have a plan already in place that all employees have been notified of and agreed to comply with. In this case, you can simply follow the plan, whether it calls for immediate termination or offers a second chance to return to work if a drug rehabilitation program is completed. If you need help setting up your drug use policies, or want to review your existing policies with a professional, please contact ECL and take advantage of our HR consulting for construction companies.
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