Employers Advised to Review Drug Free Workplace Policy if They Intend to Prohibit Medical Marijuana Use

Employers Advised to Review Drug Free Workplace Policy if They Intend to Prohibit Medical Marijuana Use

Employers Advised to Review Drug Free Workplace Policy if They Intend to Prohibit Medical Marijuana Use

Ohio’s new medical marijuana law takes effect next month. Employers should be reminded that business groups lobbied for an exception allowing employers with drug-free workplace policies to take adverse action against applicants and employees for medical marijuana use.Employers who want to prohibit employees from using medical marijuana on and/or off the job (or deny employment based on medical marijuana use detected in a pre-employment drug test) must establish drug-free workplace policies or revise their current ones to include a prohibition on marijuana use—preferably by specifically calling out medical marijuana use. Additionally, employers who utilize the state fund for workers’ compensation insurance can obtain a lower premium by establishing a drug-free workplace program that tests for cocaine, marijuana, methamphetamine, PCP and opiates.

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