LETTER FROM THE CHAIRMAN
BY NEIL FORTNER, AVEE LABORATORIES
Marijuana Legalization: Impact on Employers G
reetings to All and Welcome to the Spring Edition of DATIA focus! Te passing of Amendment 64 in
Colorado (Amendment 64 is the legaliza- tion of marijuana) is creating a great deal of discussion in Colorado and is being closely followed by a number of states that already have legalized marijuana, and who have/ will have this initiative up for approval by their constituents. Among the issues that need to be de-
cided are: • How will Amendment 64 impact a com- pany’s drug testing and drug-free work environment policies? Can a company have a policy that allows for termination based on a positive drug screen, regard- less of legality in Colorado?
• What immunity can be craſted for em- ployers whose employees smoke before work legally, but whose “intoxication” levels still exceed norms adopted by the state while they are at work?
• How will employers deal with marijuana in an employee’s system if they are hurt on the job? It is typical protocol for hospitals/ clinics to perform a post-accident test. Will Amendment 64 change that practice?
• Can companies consider marijuana that is brought onto the workplace property illegal?
• Te Commercial Driver’s License (CDL) regulations prohibit marijuana use. Does this regulation trump Amendment 64?
• When working on federally-funded con- struction projects, would testing positive for marijuana still be considered illegal?
• If an employee tests positive for mari- juana in a post-accident drug screen, would the regulation that reduces
Neil Fortner, MS, FTS-ABFT, TC-NRCC DATIA Chairman
Workman’s Compensation benefits if you test positive for alcohol or drugs, apply? Would a company have a right to terminate employment based on the positive drug screen?
• What tests are available to employers to address the issue of intoxication? Unlike alcohol, marijuana stays in a person’s system for a longer period of time. Tese are just some of the issues that
have come up with respect to Amendment 64. I would like to thank Jo McGuire, one of DATIA’s newest Board Member, for bringing these and many other issues to the atention of DATIA. In response to Amendment 64, I made
a proposal to the Board of Directors to form a commitee to assist and support the pro-drug testing components in Colorado and those other states that already have or are planning to legalize marijuana use. I am pleased to announce that this initiative was overwhelmingly received and approved by the Board of Directors. Stay tuned for more developments as they become available. It was great to see so many of you in Or-
lando at DATIA’s 2013 Annual Conference and Exposition! ❚
Sincerely,
4
datia focus
spring 2013
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