by h.horning of dfaf.org – 06 March 2026

At some point, just about every business will face the challenge of an employee struggling with substance use. While these situations can be complex and emotional, they also present an opportunity for employers to show compassion, strengthen their workplace culture, and retain valuable talent. Supporting an employee through treatment and recovery isn’t just the right thing to do; it’s also good business.

The U.S. Department of Labor’s Recovery Ready Workplace program asserts that “workers with SUDs take nearly 50% more days of unscheduled leave than other workers and have an average annual turnover rate 44% higher than the workforce as a whole.”1 While it may seem like the best choice is to terminate an employee with a substance use disorder, workers who are in “SUD recovery average nearly 10% fewer days of unscheduled leave per year than other workers. And, the turnover rate for employees in recovery is 12% lower than the overall average.”

Employees in recovery who feel supported often bring loyalty, commitment, and a strong work ethic. All of this helps to demonstrate the tangible labor and economic benefits of supporting employees through treatment and in recovery within your workplace. As an employer, understanding the basics of the treatment process can help you respond effectively.

Rehabilitation programs generally fall into two categories:

• Inpatient programs, where an individual stays at a treatment facility for a set period of time.
• Outpatient programs, which allow individuals to continue working while attending therapy sessions and medical appointments.

Employers should also remember that mental health conditions related to substance use disorders may qualify for protection under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA).

Small business owners need to know that both the FMLA and ADA include important provisions related to treatment:

• FMLA: Employees may qualify for job-protected leave to participate in a treatment program, as long as it’s directed by a healthcare provider. However, absences due to using drugs (rather than receiving treatment) are not covered. Employers can still enforce clear, consistently applied drug-free workplace policies.
• ADA: Employees currently using illegal drugs are not protected under the ADA. However, individuals who have completed treatment or are actively participating in a supervised rehabilitation program are protected. Employers must avoid discrimination and provide reasonable accommodations, such as flexible scheduling for therapy appointments, when possible.

Navigating these laws can be tricky, and because city and state regulations also vary, consulting legal counsel before making major employment decisions is a smart step.

Even with clear policies in place, compassion should be at the heart of your response. Here are some ways small business owners can help employees in treatment and recovery:

1. Know your resources. Understand what your group health plan, employee assistance program (EAP), and short-term disability coverage offer.
2. Encourage open communication. Let employees know that asking for help is a sign of strength, not weakness.
3. Review your policies. Ensure your drug-free workplace policy outlines procedures for support and rehabilitation, not just discipline.
4. Train supervisors. Help managers recognize signs of distress and know how to connect employees with resources.
5. Plan for return-to-work. Recovery doesn’t end when treatment does. Have a reintegration plan that includes flexibility, support, and accountability.

Helping an employee navigate treatment and recovery is challenging, but it can also be one of the most meaningful things a small business owner can do. When you foster a culture of understanding and support, you strengthen your team, reduce turnover, and contribute to a healthier community.

Source: Drug Free America Foundation | 333 3rd Avenue N Suite 200 | St. Petersburg, FL 33701 US

Supplementary Source:

A continuing discussion on the opioid epidemic in the workplace – Part 3. (2024, February 26). JD Supra. https://www.jdsupra.com/legalnews/a-continuing-discussion-on-the-opioid-4776444/

NATIONAL DRUG-FREE WORKPLACE ALLIANCE

As the workplace division of Drug Free America Foundation, NDWA’s mission is to be a national leader in the drug-free workplace industry by directly assisting employers and stakeholders, providing drug-free workplace program resources and assistance, and supporting a national coalition of drug-free workplace service providers.

For more information and drug-free workplace resources, visit NDWA at www.ndwa.org.

Received from DFAF –  23 September 2025

A new report shows fentanyl is increasingly appearing in workplace drug tests, particularly among employees who have already passed pre-employment screening. Understanding what’s going on and taking proactive steps can help protect your team, your reputation, and your bottom line.

A recent study by Quest Diagnostics provides a clear picture of the issue. Quest analyzed over eight million workforce drug tests across the U.S. In 2024, random and unannounced drug tests (tests not tied to hiring) found fentanyl more than seven times as often as pre-employment screenings.1 Even more concerning, nearly 60% of fentanyl-positive tests also involved other substances, such as marijuana and amphetamines.1 Fentanyl use on the job, especially when combined with other substances, increases the risk of accidents, impairment, and even overdose.

The impact on small businesses can be serious. Fentanyl exposure in the workplace can lead to accidents and injuries, particularly in roles involving machinery, vehicles, or other safety-sensitive tasks.2 Beyond immediate safety risks, there are potential legal and financial consequences. If an employee under the influence causes harm, your business could face liability, workers’ compensation claims, or insurance complications. Incidents also create operational disruption, affecting productivity, morale, and your overall reputation. Substance misuse can reduce performance, increase absenteeism, and contribute to higher employee turnover, which can be especially challenging for small businesses.3

Small business owners can take practical steps to reduce these risks. Reviewing and updating your drug-free workplace policy is a critical first step. Policies should clearly outline expectations, consequences, and testing procedures, while staying compliant with state laws. Random or periodic testing can help detect fentanyl use that pre-employment screenings might miss. Employee education is equally important; staff need to understand the dangers of fentanyl, especially when combined with other substances.

Providing support is also key. Offering Employee Assistance Programs, connecting employees with treatment services, and fostering a culture where staff feel safe seeking help can make a major difference. Training supervisors to recognize signs of impairment and respond appropriately is critical to preventing accidents. Additionally, preparing for emergencies with overdose reversal tools, like naloxone, and clear response protocols can save lives. Check out this Overdose Emergency Planning Tool from the National Safety Council for help! Additionally, reviewing test data and incidents periodically will help you adapt policies and safety measures as needed, ensuring your workplace remains safe and productive.

Even one case of fentanyl exposure can have devastating consequences, but small business owners can take action now. By combining clear policies, employee education, and supportive measures, you can reduce risk, protect your employees, and maintain a safe and productive workplace.

Source:  Drug Free America Foundation | 333 3rd Ave N Suite 200 | St. Petersburg, FL 33701 US

by Emily Caldwell – Ohio State News – Jul 08, 2025

Almost 1 in 10 workers in their 30s uses alcohol, marijuana or hard drugs like cocaine while on the job in the United States, a new study has found. 

The risk for substance use among young employees was highest in the food preparation/service industry and in safety-sensitive occupations including construction – a sector linked in previous research with a high risk for drug overdose deaths. 

Based on their prior studies of workplace strategies related to employee substance use, the researchers say these new findings suggest comprehensive substance use policies and supportive interventions could improve safety and help reduce workers’ misuse of alcohol and drugs. 

“Especially for those working in blue-collar or heavy manual jobs, they often have limited access to support to address substance use,” said lead author Sehun Oh, associate professor of social work at The Ohio State University. “It’s easy to blame someone for using substances, but we want to pay attention to understanding their working conditions and barriers at the workplace.” 

Oh completed the study with Daejun “Aaron” Park, assistant professor of social work at Ohio University, and Sarah Al-Hashemi, a recent Ohio State College of Public Health graduate. 

The research was published recently in the American Journal of Industrial Medicine. 

Previous research has suggested that substance use is common among people who work long hours or evening shifts and earn low wages, or who experience life stressors such as low annual household income and limited education. But few studies have been able to report on substance use during work hours, and the occupations at highest risk for on-the-job alcohol and drug use, because the data is hard to come by. 

“There are many studies looking at specific occupations and their risks, and the prevalence of substance use outside work,” Oh said. “There is very limited evidence on workplace substance use, which is more concerning in terms of occupational safety, not just for the workers but also colleagues or others exposed to the workplaces. This is the only data we know of to inform this issue.” 

The study sample included 5,465 young employees who participated in the National Longitudinal Survey of Youth 1997, a nationally representative sample of men and women who were aged 12-17 in 1997 and were interviewed regularly until 2022. The NLSY surveys were conducted by Ohio State’s Center for Human Resource Research. Data for this study came from the 2015-16 survey, the most recent wave to collect information on substance use behaviors. 

Results were based on participants’ reports of substance use immediately before or during a work shift in the past month. Among respondents, 8.9% of workers reported any substance use in the workplace, including 5.6% drinking alcohol, 3.1% using marijuana and 0.8% taking cocaine or other hard drugs, a category that also included opioids. 

Statistical modeling showed a higher risk for all types of on-the-job substance use among food-industry workers, higher alcohol use among white-collar workers (linked in prior research to drinking while cultivating business relationships or celebrating accomplishments), and elevated alcohol and marijuana use in safety-sensitive occupations.

“We’re really concerned to see the findings for safety-sensitive occupations – not just in construction, but also installation, maintenance, repair, transportation and material movement,” Oh said. “In many federal-level transportation occupations, there are policies prohibiting operating under the influence. So we’re surprised to see that still 6% of material moving workers are working under the influence, and 2% of them are using marijuana – this was striking, because other than drug testing policies, it’s hard to implement interventions for workers moving from place to place.” 

Both Oh and Park said these new findings shed light on the impact that comprehensive employer substance use policies and supportive programs for workers could have.  

Variations in workplace substance-use policies may be one explanation for industry differences in risk for employee alcohol and drug use on the job, Park said. In a 2023 study he led, 20% of survey participants reported their workplaces had no substance use policy. The research showed that comprehensive workplace substance use policies – which included recovery-friendly initiatives – were linked to a significant decrease in employee drug and alcohol use across many employment sectors. 

“The work categories least likely to have substance use policies tend to be those managed individually by owners or workers,” he said. “Also the arts, food service, entertainment, recreation – those kinds of workplaces don’t tend to have polices in place.” 

And Oh found in a 2023 study that only half of workers in a national sample had access to support services for substance use problems, such as counseling, at their places of employment. Availability of workplace support services led to lower rates of marijuana and other illicit drug use among workers. 

“What I found was policy alone can’t be effective in reducing substance use problems – policies need to be accompanied by support services,” he said. “That’s one thing we propose in this paper – that combining alcohol and other drug policies with supportive services produces the greatest benefits, rather than relying on either alone.” 

The analysis also showed substance use in the workplace had strong associations with off-work substance misuse: Users of marijuana on the job were more likely to report daily cannabis use and were more than twice as likely to be heavy drinkers compared to those not using marijuana at work, and employees on cocaine or other hard drugs while working were more likely to drink heavily, use marijuana more frequently, and report frequent illicit drug use. 

“Our research shows that those under adverse working conditions with many barriers to economic and well-being resources tend to use substances as a coping mechanism, whether that relates to an emotional toll or physical demands of not just working conditions, but their life circumstances,” Oh said. “There is a need for more structural support to address these huge implications for the health of workers and others, and to reduce the stigma associated with substance use.” 

Source: https://news.osu.edu/9-of-young-us-employees-use-alcohol-drugs-at-work-study-finds/

by H Horning, DFAF, 28 April 2025

Published by the NATIONAL DRUG-FREE WORKPLACE ALLIANCE

 As the workplace division of Drug Free America Foundation, NDWA’s mission is to be a national leader in the drug-free workplace industry by directly assisting employers and stakeholders, providing drug-free workplace program resources and assistance, and supporting a national coalition of drug-free workplace service providers. For more information and drug-free workplace resources, visit NDWA at www.ndwa.org.

*********************************************

You play a key role in supporting your employees’ well-being, including those struggling with substance use disorder (SUD). With millions affected by SUD worldwide, it’s important to create a workplace culture that encourages support and understanding for those facing this challenge.

Substance use disorder is often intertwined with mental health issues like anxiety and depression, making it difficult for employees to seek help. However, by offering flexible, personalized support, you can help them take meaningful steps toward recovery.

The first step is recognizing that everyone’s journey is different. Some employees may be ready to make changes, while others might need more time. By offering tailored resources, such as counseling, therapy, and peer support, you can meet employees where they are in their recovery process.

Many employees don’t seek help due to stigma, fear of judgment, or lack of awareness about available resources. To combat this, create a work environment where mental health discussions are encouraged and seeking help is confidential. Make sure employees know what resources are available and are reminded regularly about those programs, whether through an Employee Assistance Program (EAP) or community-based programs.

Check out Drug Free America Foundation’s Guide on Stigma in the Workplace here for more guidance on how to avoid stigma and support your employees in recovery.
Goal-setting is another important aspect of recovery. Encourage employees to set clear, achievable goals, such as finding and supporting healthier ways to cope with stress. Providing incentives to encourage employees to try out things like yoga classes, or walking challenges is an easy way for employers to boost these activities. These goals should be approached with curiosity, allowing employees to experiment and reflect on what works best for them.

A supportive work environment is also crucial. Studies1 indicate that employees who have faced depression or anxiety appreciate when managers initiate conversations about mental health and are willing to adjust workloads as needed. To foster a supportive and healthy workplace culture, encourage managers to talk openly about mental health and recognize substance use disorder as a condition that may require empathy and assistance.

By creating a supportive, stigma-free environment, you can help your employees manage substance use disorder and foster a healthier, more productive workplace. Providing access to the right resources and being proactive about support can make a lasting impact on your team’s well-being.

Source: McConnell, Kim. “The Challenge of Change: How Employers Can Modernize Workplace Substance Use Support.” How Employers Can Modernize Workplace Substance Use Support | Spring Health, Spring Health, 1 Apr. 2024, www.springhealth.com/blog/how-employers-can-modernize-workplace-substance-use-support

by David Evans, Senior Counsel, CIVEL (USA)

January12, 2025

Article forwarded by Hershel Baker, Drug Free Australia. He opens by saying: “Please find evidence below on a current project to make the marijuana industry legally accountable to their victims in the U.S. if they are SUCCESSFUL, it will become very useful to Victims in many other countries including Australia.” 

Legal Primer – Cannabis Industry Victims Educating Litigators (CIVEL) <https://www.civel.org/legalprimer>

The marijuana industry referred to here are those who illegally, negligently or fraudulently produce, market, or distribute marijuana products including those that have not been approved by the FDA or approved under federal law.

Today’s marijuana products can be high in potency and can reach 99% THC.

These products can be very destructive and cause addiction, mental illness, violence, crime, DUIs and many health and social problems. Young people are particularly vulnerable. We must protect them.

A first step is to educate lawyers and the community by providing legal and scientific guidelines for litigators so they can take the marijuana industry to court. We have produced six litigator guidelines:

1. Product liability for the production and sale of dangerous and/or contaminated and poorly processed marijuana for medical or recreational use.
2. Medical malpractice for the promotion and use of marijuana as a medicine without FDA approval.

3. Environmental lawsuits to recover for environmental damage caused by marijuana growing.

4. The federal Racketeer Influenced and Corrupt Organizations (RICO) Act prohibits a person (also a corporation) from investing in, acquiring, or participating in the affairs of an enterprise that engages in racketeering activity. RICO applies to “medical” marijuana and recreational marijuana as both are illegal under federal law. Damage claims for economic injuries can be filed.

5. Server liability for marijuana stores that sell medical or recreational marijuana to customers who then kill or injure others in car crashes or other accidents
6. Lawsuits under the Drug Dealer Liability Act – several states have passed laws that make drug dealers civilly liable to those injured by a driver under the influence of drugs or families who lose a child to illegal drugs and others injured by illegal drugs.

We will arm the legal profession to recognize cases, prepare them and then litigate as was done in the cases against big tobacco and is now being done against the opiate companies.

We will not conduct litigation. Our goal is to get the legal profession to initiate litigation by educating them as to the legal issues and strategies involved. We also plan to educate the public about how the marijuana industry has destroyed lives and families and to support the victims.

For more information contact Senior Counsel, David G. Evans, Esq.

Email: seniorcounsel@civel.org <mailto:seniorcounsel@civel.org>

Please see our legal primer on marijuana and federal law

LEGAL PRIMER <https://www.civel.org/s/LEGALPRIMERCSA2017.pdf>

Other Important Documents

*             CATEGORIES OF THE VICTIMS OF THE MARIJUANA INDUSTRY

<https://www.civel.org/list-of-marijuana-industry-victims>

*             MARIJUANA AS A MEDICINE – POLICY, SIDE EFFECTS, SPECIFIC ILLNESSES

<https://www.civel.org/s/2CIVELMARIJUANA-AS-A-MEDICINE-POLICY-SIDE-EFFECTS-S

PECIFIC-ILLNESSES.pdf>

*             THE FAILURES OF THE STATES TO REGULATE MARIJUANA

<https://www.civel.org/s/THE-FAILURES-OF-THE-STATES-TO-REGULATE-MARIJUANA-ST

UDIES-SHOW-THAT-MARIJUANA-PRODUCTS-HAVE-HIGH-LEVE.pdf>

*             INTERACTIONS BETWEEN MARIJUANA AND OTHER DRUGS

<https://www.civel.org/s/4-CIVELINTERACTIONS-BETWEEN-MARIJUANA-AND-OTHER-DRU

GS.pdf>

*             MARIJUANA AND VIOLENCE

<https://www.civel.org/s/5CIVELMARIJUANA-AND-VIOLENCE.pdf>

*             MARIJUANA USE AND MENTAL ILLNESS AND BRAIN DAMAGE

<https://www.civel.org/s/6CIVELMARIJUANA-USE-AND-MENTAL-ILLNESS-AND-BRAIN-DA

MAGE.pdf>

*             MARIJUANA USE AND DAMAGE TO HUMAN REPRODUCTION

<https://www.civel.org/s/7CIVEL-MARIJUANA-USE-AND-DAMAGE-TO-HUMAN-REPRODUCTI

ON.pdf>

*             CONCERNS ABOUT CBD

<https://www.civel.org/s/8CIVEL-CONCERNS-ABOUT-CBD.pdf>

DISCLAIMER OF LEGAL ADVICE

This should not be considered legal advice. This is for informational purposes only. Use of and access to these materials does not in itself create an attorney – client relationship between David G. Evans or CIVEL and the user or reader. Mr. Evans or CIVEL cannot vouch for any study cited herein since they did not do the study. The readers should consult the study and make their own interpretation as to its accuracy. Please also be advised that case law and statutory and regulatory laws cited herein may have been amended or changed by the time you read this.

David G. Evans, Esq. – Senior Counsel – Cannabis Industry Victims Educating Litigators (CIVEL) (USA)

Source: Email by Herschel Baker <hmbaker1938@hotmail.com> Sent: 11 January 2025 23:06

Workplaces have a unique opportunity to make subtle yet meaningful adjustments to better support employees who may be in recovery or experiencing challenges. When businesses make small changes in their events, management style, and overall culture, they create an environment that respects and uplifts employees facing SUDs. Here are three impactful ways to make the workplace more welcoming:

# 1: Host Inclusive Gatherings with Non-Alcoholic Options

Work events can inadvertently center around alcohol, creating uncomfortable situations for employees who don’t drink and/or are in recovery. Making a few simple shifts can help ensure everyone feels included:
• Avoid holding meetings in bars or pubs. Instead, choose locations that aren’t centered on alcohol, such as coffee shops, casual restaurants, or outdoor spaces.
• Offer a variety of non-alcoholic drinks that are as enjoyable as alcoholic options. These could include mocktails, sparkling water with unique flavors, or other festive drinks. This small touch shows thoughtful consideration and signals that the event is meant for everyone.
• Consider alcohol-free events. Not every event needs to feature alcohol to be fun. Think of team-building activities like escape rooms, game nights, or cooking classes, which naturally focus on engagement without the need for alcohol.

#2: Encourage Supervisors to be Allies

Supervisors play a critical role in creating a compassionate, supportive workplace. By actively supporting employees rather than judging them, supervisors can contribute significantly to a culture of empathy and openness. Here’s how they can help:
• Listen without judgment. If an employee opens up about their challenges, supervisors should approach the conversation with empathy, focusing on support rather than consequences, while of course maintaining safety.
• Respect privacy and confidentiality. Supervisors should reassure employees that their personal issues will remain private and will only be discussed on a need-to-know basis, which helps foster trust.
• Share personal experiences if appropriate. For supervisors in recovery, sharing their stories can inspire others, showing that it’s possible to face challenges and succeed. Authentic, relatable leadership can be incredibly powerful for employees who may feel isolated.

#3: Encourage Coworkers to Support Each Other

Sometimes, coworkers are the first to notice changes in behavior or attendance. They can be crucial sources of support, helping to create a culture that’s proactive and understanding:
• Encourage open, honest communication. Rather than approaching a struggling coworker with judgment, a simple “I’m here if you need anything” can make a huge difference.
• Assist with resources. Coworkers can help each other navigate employment policies, find helpful information, or locate support groups if needed. Being informed and sharing resources can be invaluable.
• Respect boundaries and avoid gossip. Gossip or speculation only adds stigma to those facing SUDs. A culture of respect encourages coworkers to redirect conversations if someone starts gossiping or making assumptions about another’s struggles. For more on the importance of language on stigma, check out the National Institute of Drug Abuse’s resource, Words Matter as well as Drug Free America Foundation’s resource on Stigma here.

These small adjustments—hosting inclusive events, training supervisors as allies, and encouraging a supportive culture among coworkers—can help a business become a welcoming, stigma-free environment for employees with SUDs working towards recovery. By focusing on inclusivity, empathy, and respect, workplaces can create meaningful, positive changes that support both individual well-being and the company’s overall success.

Sources:

Drug Free America Foundation, Inc. “Stigma.” https://www.dfaf.org/wp-content/uploads/2024/09/Stigma-2024.pdf

O’Connor, P., PhD. (2023, November 23). Human resource departments can help or hinder employees with SUDs. Psychology Today. https://www.psychologytoday.com/us/blog/philosophy-stirred-not-shaken/202311/substance-use-disorders-and-the-work-place

Words matter: preferred language for talking about addiction | National Institute on Drug Abuse. (2023, November 15). National Institute on Drug Abuse. https://nida.nih.gov/research-topics/addiction-science/words-matter-preferred-language-talking-about-addiction

“Smart Choices, Safe Workplaces: Educate on Drug Risks”
National Drug Free Work Week 2024

This file was produced in relation to Join the National Drug Free Workplace Alliance (NDWA) in recognizing the Drug Free Work Week 2024 which ran from October 14th through 18th!

Check out these resources that provide essential information on the effects of various drugs and their potential impact on workplace dynamics and safety. Each resource breaks down the signs, symptoms, and behavioral changes associated with substance misuse, helping you recognize warning signs early. With this knowledge, you can better protect and support your employees, fostering a healthy work environment where risks are minimized, and everyone feels valued and safeguarded. These one-pagers are also a useful tool for reinforcing drug-free policies and engaging employees in health and wellness conversations. Resources can be found here.

NATIONAL DRUG-FREE WORKPLACE ALLIANCE

As the workplace division of Drug Free America Foundation, NDWA’s mission is to be a national leader in the drug-free workplace industry by directly assisting employers and stakeholders, providing drug-free workplace program resources and assistance, and supporting a national coalition of drug-free workplace service providers.

For more information and drug-free workplace resources, visit NDWA at www.ndwa.org.

Source: www.dfaf.org

With the increasing legalization of recreational marijuana across various states, employers need to proactively prepare for the changes and their implications on the workplace. As more states allow adults to legally purchase and possess marijuana, it’s essential for employers to review and update their workplace policies to ensure compliance and maintain a safe work environment.

Despite legalization, employers can still prohibit marijuana use that leads to impairment at work, akin to alcohol restrictions. Recent legal decisions, such as White v. Timken Gears & Servs., Inc. in Illinois, reinforce that a positive drug test for marijuana while working, even if used recreationally off-duty, can justify termination if it violates a reasonable and consistently applied workplace policy. This underscores the importance of clear, fair, and legally sound drug and alcohol policies to ensure workplace safety.

• The first step is to reevaluate your drug testing protocols. Ensure they align with both state and federal regulations, particularly if your industry is governed by specific mandates, such as those from the Department of Transportation. Consider your agreements with insurance carriers, as marijuana testing might be a condition of coverage or discounts.
• Testing for marijuana presents unique challenges due to the limitations of current testing methods. Talk with your testing laboratory to understand the differences between qualitative and quantitative tests and determine which best supports your workplace policies.
• Evaluate whether to implement second chance agreements for employees who test positive for marijuana. Additionally, consider providing access to substance abuse programs. These measures can help manage employees who might struggle with marijuana use while offering them a chance to comply with workplace policies.
• Update your policies in your employee handbook, workers’ compensation policies, and other relevant documents to clearly state that while marijuana may be legal, it is prohibited in the workplace. Clearly outline that possession or use of marijuana at the worksite is forbidden and that employees are not permitted to use marijuana during lunch or other breaks. Specify the consequences of violating these policies to ensure there are no ambiguities.
• Hold meetings to communicate the company’s stance and expectations regarding marijuana use to all employees. Transparency is key; ensure employees understand the policies, the reasons behind them, and the consequences of non-compliance. Clear communication helps in setting the right expectations and reduces misunderstandings.
• Conduct comprehensive training sessions for HR professionals, managers, and supervisors on the company’s policies regarding marijuana use. Ensure that all managerial staff understand the testing protocols and disciplinary policies. Training should also cover how to handle conversations with employees about marijuana use, ensuring consistency and sensitivity. Equip your managers with the skills to recognize signs of impairment at work. Understanding how to identify and address employees who might be under the influence of marijuana is crucial for maintaining workplace safety. Provide clear guidelines on the steps to take if impairment is suspected. Check out our trainings here!

The increasing state legalization of recreational marijuana marks a significant change for employers. By proactively updating your drug testing protocols, policies, training programs, and communication strategies, you can effectively manage the impact of this new legislation on your workplace. Staying informed and prepared will help you navigate this evolving landscape while ensuring a safe and compliant work environment.

Sources:

Federal court rules employer did not violate Illinois privacy law for firing worker testing positive for cannabis. (2024, July 30). JD Supra. https://www.jdsupra.com/legalnews/federal-court-rules-employer-did-not-4849901/

NATIONAL DRUG-FREE WORKPLACE ALLIANCE

As the workplace division of Drug Free America Foundation, NDWA’s mission is to be a national leader in the drug-free workplace industry by directly assisting employers and stakeholders, providing drug-free workplace program resources and assistance, and supporting a national coalition of drug-free workplace service providers.

Source:  www.ndwa.org

One of the most pressing issues for businesses in states where marijuana use is legal is determining employee impairment before taking any adverse action. Unlike alcohol, where a simple breathalyzer test can gauge impairment, marijuana’s effects vary significantly based on consumption method, strain, and user tolerance.

Studies have shown that THC—the psychoactive compound in cannabis—and its metabolites can linger in the body long after the “high” has worn off. Recognizing this, many states have enacted laws requiring employers to prove impairment, not just the presence of THC. Traditional drug tests like urinalysis, oral fluid tests, hair tests, and even emerging breath THC tests only indicate prior use, not current impairment.

This means that zero-tolerance policies based solely on the detection of THC metabolites are no longer viable in many states. Instead, employers must place more focus on assessing fitness for duty through reasonable suspicion training for supervisors and consider adopting impairment detection technology.

Given that measuring THC levels cannot be the sole indicator of impairment, new tools have emerged to detect impairment from drug and alcohol use. Advanced impairment detection technologies offer more accurate insights into an employee’s current state of impairment. These devices measure psychological and/or physical indicators, allowing employers to make informed decisions about workplace safety. Leading solutions are portable, scientifically defensible, and provide results within minutes.

However, these technologies alone are not enough. Supervisors play a crucial role in identifying and documenting impairment. Proper training in recognizing the signs of impairment and documenting these observations is essential. Supervisors must be equipped to take appropriate action based on their assessments, ensuring that safety and performance standards are upheld. We here at NDWA can help provide trainings for your supervisors – find out more here.

Employees must understand that they are not exempt from workplace safety regulations regardless of their state’s marijuana laws. Being under the influence at work can endanger themselves and their colleagues, and impact work quality and efficiency. It is the responsibility of employees to ensure their marijuana use doesn’t impair their fitness for duty. They must arrive at work sober and ready to perform.

Advanced impairment detection technology is promising, but isn’t a singular solution. By training supervisors to document regular behavior and performance, businesses can maintain safe and productive work environments.

Source:  NATIONAL DRUG-FREE WORKPLACE ALLIANCE

With the increasing legalization of recreational marijuana across various states, employers need to proactively prepare for the changes and their implications on the workplace. As more states allow adults to legally purchase and possess marijuana, it’s essential for employers to review and update their workplace policies to ensure compliance and maintain a safe work environment.

Despite legalization, employers can still prohibit marijuana use that leads to impairment at work, akin to alcohol restrictions. Recent legal decisions, such as White v. Timken Gears & Servs., Inc. in Illinois, reinforce that a positive drug test for marijuana while working, even if used recreationally off-duty, can justify termination if it violates a reasonable and consistently applied workplace policy. This underscores the importance of clear, fair, and legally sound drug and alcohol policies to ensure workplace safety.

• The first step is to re-evaluate your drug testing protocols. Ensure they align with both state and federal regulations, particularly if your industry is governed by specific mandates, such as those from the Department of Transportation. Consider your agreements with insurance carriers, as marijuana testing might be a condition of coverage or discounts.
• Testing for marijuana presents unique challenges due to the limitations of current testing methods. Talk with your testing laboratory to understand the differences between qualitative and quantitative tests and determine which best supports your workplace policies.
• Evaluate whether to implement second chance agreements for employees who test positive for marijuana. Additionally, consider providing access to substance abuse programs. These measures can help manage employees who might struggle with marijuana use while offering them a chance to comply with workplace policies.
• Update your policies in your employee handbook, workers’ compensation policies, and other relevant documents to clearly state that while marijuana may be legal, it is prohibited in the workplace. Clearly outline that possession or use of marijuana at the worksite is forbidden and that employees are not permitted to use marijuana during lunch or other breaks. Specify the consequences of violating these policies to ensure there are no ambiguities.
• Hold meetings to communicate the company’s stance and expectations regarding marijuana use to all employees. Transparency is key; ensure employees understand the policies, the reasons behind them, and the consequences of non-compliance. Clear communication helps in setting the right expectations and reduces misunderstandings.
• Conduct comprehensive training sessions for HR professionals, managers, and supervisors on the company’s policies regarding marijuana use. Ensure that all managerial staff understand the testing protocols and disciplinary policies. Training should also cover how to handle conversations with employees about marijuana use, ensuring consistency and sensitivity. Equip your managers with the skills to recognize signs of impairment at work. Understanding how to identify and address employees who might be under the influence of marijuana is crucial for maintaining workplace safety. Provide clear guidelines on the steps to take if impairment is suspected. Check out our trainings here!

The increasing state legalization of recreational marijuana marks a significant change for employers. By proactively updating your drug testing protocols, policies, training programs, and communication strategies, you can effectively manage the impact of this new legislation on your workplace. Staying informed and prepared will help you navigate this evolving landscape while ensuring a safe and compliant work environment.

Source: 

• Drug Free Foundation AMERICA, Inc.
• National Drug-Free Workplace Alliance