As marijuana legalization continues to expand across the country—as of Jan. 1, eleven states and Washington, DC, have legalized recreational use of cannabis and 33 states have legalized medical use—HR leaders in the construction industry must take note and take action to ensure worker safety and minimize legal risks to their companies. While cannabis remains illegal at the federal level, HR leaders must consider relevant, state-level laws when reviewing and updating their workplace policies.
Failure to revise policies and procedures in line with new cannabis laws could lead to fines, lawsuits and even negatively impact a company’s culture. And more importantly, in the construction industry, failure to establish a clear policy could create misunderstandings among employees and even safety issues, which expose a company to potential liability. With proper preparation and a thoughtful approach, HR leaders can implement policies designed to protect both the company and its employees.
Write Clear Policies
First, clearly outline the company’s stance, expectations and procedures related to the use of marijuana. Within construction companies, some employees may have to adhere to federal guidelines, especially if contractors or suppliers are working on federal projects. These employees must follow the federal law, which states that the consumption of cannabis is strictly prohibited.
However, most construction companies will also have employees that are not subject to federal laws or requirements. And, for these employees, companies must implement clear policies regarding cannabis use on the job and being under the influence of cannabis on the job. Policies should clearly:
- State that the consumption of cannabis is not allowed on company property or at any of its jobsites. Further, employees cannot be under the influence of cannabis on company property, at any of jobsites or while on duty.
- Explain what substances the company will test for during the hiring process, what post-accident testing will take place, whether or not the company will engage in random drug testing and the testing process when there is reasonable suspicion an employee is under the influence at work.
- Detail the repercussions if the employee is found to be intoxicated on the job, the timing of discipline and how the employee can contest the findings.
Clearly Communicate New Policies
While creating cannabis-related policies is an essential first step, these policies mean nothing unless they are clearly communicated to all employees.
Companies should offer annual employee handbook training to outline all policy changes going into effect each year. But it’s not enough to make line edits to an employee handbook. Instead, HR leaders need to find creative, impactful ways to explain these changes to employees.
Companies with operations or employees in multiple states should make all employees aware of the company’s policies and ensure they understand that these policies apply regardless of the laws in the various states in which employees work. For example, an employee may live in Kansas, where marijuana is still illegal, but work on a jobsite in Colorado where recreational marijuana is legal.
Train Staff to Enforce the New Policy
Once a company has created its new drug policies and communicated these policies to employees, it must also train its staff on how to handle any potential violations. Unlike alcohol consumption, marijuana use can be challenging to identify and confirm. Marijuana comes in many forms and could stay in an employee’s system for up to 30 days after consumption. It can also show up in a drug test if the employee inhaled secondhand smoke.
Due to these factors, drug testing cannot definitively establish that an employee was impaired on the job. Instead, the HR team should train supervisors to identify behavior that may indicate that an employee is under the influence of marijuana. In addition to behavioral observation training, the company should train staff on the reporting, testing and documentation procedures outlined in its new policies.
A company’s training should also provide guidance and detailed steps on how to handle any unique situations, such as employees’ medical marijuana prescriptions.
Ultimately, as more states legalize marijuana, construction companies must be specific and clear in how they write and communicate these related policies. The leaders who act today and integrate clarity on cannabis into company policies will prepare their organizations to ably handle future changes to drug laws while maintaining safe work environments and minimizing legal and regulatory risks.
