Proposal 1 was passed by Michigan voters in early November. While the law allows for the possession, use and cultivation of the substance, it does not affect an employer's right to maintain a drug-free workplace or conduct drug testing. As such, employers need to be aware of the following:
- Employers are not required to permit or accommodate marijuana in the workplace;
- Employers are not required to condone reporting to work while under the influence of, or while impaired by, marijuana;
- Employers maintain the right to discipline or terminate an employee who tests positive for marijuana in violation of standing workplace policies;
- Employers maintain the right to discipline or terminate an employee who uses marijuana at work in violation of standing workplace policies;
- Employers are required to ensure employee compliance with certain applicable federal regulations, such as DOT regulations for commercial driver's license holders.
Due to changing laws across the country, it is critical that employers take the time to review the terms of drug screening policies. With changes in the legality of the substance, certain terminology may need to be amended, such as the use of the word "illegal," when referring to the usage of drugs. Though still illegal on a federal level, employees may not be aware of the difference between the state and federal law and therefore the use of unambiguous language is important.
As a best practice recommendation, Michigan employers should invest in reviewing existing policies regarding drugs and the workplace and make a determination as to whether or not revisions are warranted based on the change in the state law. To ensure employees are aware of the law and its effect (or lack thereof) on workplace policy, reissuing existing (or revised) policies can help avoid confusion and misunderstandings.
Source: Clark Hill PLC, 12/6/2018
Posted: January 8, 2019