What employers should know about cannabis in the workplace
Dealing with employees use of cannabis requires an understanding New York Labor Law. Many employers have questions about what they can and cannot do. While adults over 21 can use cannabis recreationally, some patients also use it for medical purposes. Where can you draw the lines in the workplace?
For this reason, the NY Department of Labor (NYDOL) has published information that can provide guidelines for employers. The following are some questions that you as an employer may have wondered about.
When can you take action against an employee for using cannabis at work?
When employees at work are impaired by cannabis use, an employer can take action. Examples include when:
- The use decreases or lessens the worker’s performance of duties or tasks
- It makes the workplace hazardous or unhealthy
The DOL refers to the above as articulable symptoms of impairment.
What are articulable symptoms of impairment?
Articulable symptoms are observable behaviors that decrease or lessen performance. If the employee has a disability protected under federal law, employers must ensure not to engage in disability discrimination. Driving heavy machinery in a reckless or unsafe manner would be an example of an articulable symptom of impairment.
If the employer observes signs of cannabis use but it isn’t impairing work, then it is likely not articulable. In other words, it is not a legal issue.
Can you drug test employees for marijuana use?
No. Such testing does not necessarily indicate impairment.
Can you fire an employee if you smell marijuana?
No, the odor is not evidence of articulable symptoms of impairment.
Do you have to hire back an employee fired for cannabis use prior to this law?
No. You are not under a legal obligation to do so.
Can you prohibit cannabis use during work hours, including meals and breaks?
Yes, you can prohibit its use during work hours, which includes breaks and meals. This also includes when workers leave the worksite. In addition, such a prohibition would apply to workers who are on call.
Do you have concerns about employees use of cannabis?
If you have questions about how laws regarding cannabis apply to your business, arrange a consultation with an experienced employment defense lawyer. Call Stephen D. Hans & Associates, P.C. at (718) 275-6500.