An Illinois employee smokes a joint of marijuana two hours before heading in for his night shift where he operates heavy machinery. He thinks that he is not stoned when starting his shift, yet he causes a small accident that damages some expensive equipment and puts himself and other workers in danger. Can his employers fire him for his use of marijuana? These are questions Illinois employers are facing now that the recreational use of marijuana is legal in Illinois.
Marijuana enthusiasts may dream of heading outside on work breaks to consume small amounts of marijuana. Regardless of being pro or con about the legalization of marijuana, it is still a drug that has an effect upon the human body and mind. Nonetheless, many Illinois employers are creating new employee policies regarding the use of cannabis or adapting their current policies to include marijuana.
Many Illinois employers share concerns about the effect of marijuana on the safety and productivity of their workforce. In many ways that reflect the policies governing workplace use of alcohol, human resource departments are struggling to employ the best methods of determining their employees’ level of marijuana impairment.
Employers May Utilize a Zero Tolerance Policy for Marijuana in the Workplace
Illinois’ Cannabis Regulation and Tax Act allow Illinois residents age 21 and older to consume and possess recreational amounts of cannabis legally. The new law goes into effect on January 1, 2020, leaving many Illinois employers hurrying to update their employee policies. Most Illinois employers have only addressed the use of medical marijuana in their employee policies, if they address the use of cannabis at all.
The Cannabis Regulation and Tax Act explicitly allows employers to hold to a zero-tolerance policy regarding marijuana in the workplace. In other words, employers can terminate employees who use or distribute marijuana at work. Employers can also terminate employees who are under the influence of marijuana while at work. A zero tolerance policy is the most prudent course of action for employers because anything less exposes the employer to liability if there is an accident at work.
Determining the degree that an employee is under the influence of marijuana is not straightforward. Current tests cannot measure the amount of marijuana in an employee’s bloodstream as accurately as tests currently measure the amount of alcohol in an employee’s bloodstream.
Even if a dependable test existed, it is difficult for employers to set a company-wide standard as to what level of marijuana impairment is too much. For these reasons, many Illinois employers will likely set a zero-tolerance policy and fire any employees who have any trace of marijuana in their blood.
Work Safety Will Likely be Affected by the Use of Recreational Marijuana
Employees have a right to privacy, and, as of January 1, 2020, Illinois employees will enjoy a right to use the recreational amount of marijuana. However, if employees fail to produce quality work because of the influence of marijuana, they will find their jobs in jeopardy. Employers in states that have already legalized marijuana have become more aware of a decrease in employee work attendance in some sectors.
Safety is another serious issue for employers to consider. If an accident happens, employees will need to show that marijuana impairment was not a direct cause. Employees who suffer an injury while at work in a state of marijuana impairment may not be entitled to workers’ compensation.
The Marijuana Criminal Defense Attorneys at Glasgow & Olsson Will Defend Your Rights
In Illinois, recreational marijuana will become legal on January 1, 2020. Nevertheless, employers and police officers are bound to make mistakes in determining whether Illinois residents are under the influence of marijuana. If you are facing a drug or marijuana-related criminal charge in Illinois, the experienced criminal defense attorneys at Glasgow & Olsson are here to help. To contact us, please fill out our online form for an initial consultation.
(image courtesy of Chris Greenhow)