The Impact of Marijuana Legalization in the Workplace

Laws governing the recreational and medical use of marijuana have been rapidly changing at the state level over the last several years.?? For the states limiting or fully illegalizing marijuana even for medicinal purposes, legislators point to an inability to create a state law which will violate federal law.

Federally, marijuana is currently classified as a Schedule I substance by the Controlled Substance Act which is administered by the U.S. Drug Enforcement Administration.? This classification declares “high abuse potential with no accepted medical use.” ?This also places strict limitations on researchers’ access to study marijuana for potential medicinal value and the impact of public health and safety.

How does marijuana use impact the workplace? In part, answering this question requires putting marijuana use in perspective.? To do so, consider these statistics and facts:

o?? Studies of cannabis have demonstrated effects from using marijuana include sedation, disorientation, impaired judgement, lack of concentration, and slowed motor skills.

o?? The National Institute on Drug Abuse found 55% more industrial accidents, 85% more injuries, and 75% greater absenteeism among employees who tested positive as compared to employees testing negative.

o?? Quest Diagnostics reports post-accident drug screens positive for marijuana increased 204.2% between 2012-2022. In 2022, post-accident positive marijuana tests increased to their highest level in 25 years. Of interest, the use of meth amphetamines increased 15.4% from 2021 to 2022.

o?? CBD Oil may be purchased containing 0.3% THC or less in retail stores and online.? John Hopkins conducted a study on CBD products purchased online and in retail stores. The study found 58% of the products contained more THC than advertised on the label.?

o?? An individual can test positive for marijuana when using CBD products containing THC.

The implications for worker safety are clear that impairment can cause accidents, which lead to injury. As a practical matter, the employer should treat recreational marijuana use the same way we treat recreational alcohol use.? Impairment should not be tolerated by an employer.

Forestry Mutual is a committed partner with our policyholders to providing a safe workplace for their employees.? We recommend these added policies to enhance the chances of a safe workplace:

o?? Report claims on the date of injury.

o?? Conduct a 10 panel post-accident drug testing.? Blood tests provide the most accurate results and are preferred by toxicologists over urine samples.

o?? Contact FMIC Claims Department immediately if a medical provider refuses to perform a drug test.

o?? Develop an Employee Handbook and Safety Rule Manual.? Review and revise the policies annually and have employees sign a confirmation letter indicating they have been provided with a copy of these policies.

o?? Drug-Free Workplace Programs: many states allow a premium rate reduction for companies that have a certified drug-free workplace program.

o?? DOT requires drug testing of all CDL drivers for (1) pre-employment, (2) post-accident, (3) random, (4) reasonable suspicion, (5) return-to-duty, and (6) follow-up.

At Forestry Mutual, we address these issues and emphasize the need for stringent safety protocols in the workplace. We recommend immediate injury reporting, thorough drug testing (preferring blood tests), regular updates to employee handbooks and safety manuals, and the implementation of Drug-Free Workplace Programs. These measures aim to reduce workplace accidents and ensure a safe, productive work environment by advising employers to consult with loss control representatives or adjusters for guidance on drug testing and workplace safety strategies.

To learn more about Forestry Mutual, visit us at www.forestrymutual.com

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