Weed in the Garden – no, not a poor performer, he’s actually stoned…..
Posted by John Sanford on Thu, Sep 01, 2011 @ 11:37 AM
A recent decision in federal court regarding the State of Michigan’s’ Medical 
Marijuana Law will retain an employers rights to maintain a drug free workplace, but this decision is pending appeal and has not been tried by a State Court, so the ball is still up in the air for now. So what to do?
No matter your personal feelings about the case, and I think most peoples hearts go out to the claimant in this case based on his medical condition, it is still the employers right, and legal obligation, to provide a workplace that is free of known hazards. Especially in industrial locations, anyone under the influence can be a hazard to themselves & others.
The bottom line is you don’t want anyone in your workforce, whether on the plant floor or taking calls, under the influence of any substance that might impair their judgment and put your business at risk. “Any substance” can mean both illegal & legal drugs, whether over-the-counter (OTC) or prescription, alcohol, or other substances – bath salts anyone?
According to the Centers for Disease Control (CDC), over 47% of U.S.citizens are taking some kind of prescription medication, and over 20% are taking three or more medications based on data from 2008. While most of these tend to be safe when used as directed, there are plenty that are not and in their various combinations, the effects can be unknown.
The best course of action is to have a broad and fair policy that requires employees to self-report any possible influences they may be under, and if prescribed, and any physician recommended restrictions. Possible side effects can also be researched on-line. If the employee is taking OTC medications, they should have the original packaging available for review so that any side effects can be evaluated.
Illegal drugs use should not be tolerated, and any employee that is believed to be under the influence of illegal drugs or alcohol should be transported to an appropriate testing facility for verification. Refusal of a test would be considered grounds for separation. Remember, the issue is not about a personal or professional agreement or disagreement with the law or policy, it is about providing a safe, efficient workplace for all employees, and reducing the level of risk within your operations.