CANNABIS IN THE WORKPLACE

Maryland legalized cannabis use and possession in 2023. Adults 21 and older may possess, use, and grow cannabis. Construction and Manufacturing businesses are safety sensitive. Here are a few tips for you to prepare:

1. Assess pre-hire drug screenings and post-accident drug screenings. Depending on the type of work you do, you may want to keep both or eliminate pre-hire drug screening for marijuana.

2. Review job descriptions to determine which positions are safety-sensitive and which ones are not.

3. If a candidate tests positive, you may have a policy of one and done or consider retesting within a short period of time.

4. If a candidate has a Medical Marijuana Card, you should review federal laws such as Americans with Disabilities Act (ADA) to determine if you can make a reasonable accommodation that does not cause undue hardship to the business. You might want to consider more flexibility with positions that are not safety sensitive.

5. Identify drug screening tests to use post accident. This can be outsourced to a drug screening facility. There are instant drug screening tests such as urine and saliva testing. There is also a cognitive and motor impairment mobile app (Druid) that provides a means for businesses to assess impairment on a regular cadence. Be prepared and have a plan.

6. Train your supervisors on what to look for in the workplace, such as:

   a) Change in work attendance or performance
   b) Alteration of personal appearance
   c) Mood swings or attitude changes
   d) Withdrawal from responsibility or contacts with the association
   e) Unusual behavior patterns, including sleeping on the job or inability to concentrate.
   f) Defensive attitude concerning any problems.

7. There should be a full investigation post accident to determine the cause. Document the type of behavior the employee exhibited pre- and post-accident.

8. If your investigation concludes marijuana (or other drugs/alcohol) was involved, notify the human resources department and/or senior management immediately. If your company has an Employee Assistant Program (EAP), the program should be able to provide guidance on the process. Present the employee with documented evidence of performance deficits. This is an ideal time to refer the employee to EAP. You should also review your medical coverage, specifically counseling services, and offer this as another resource. The severity of the situation will determine actionable steps for a resolution.