Issue 2 has passed. What does that mean for employers?

As expected, yesterday voters in Ohio passed Issue 2 making adult use of recreational marijuana legal in the state of Ohio. The law is scheduled to go into effect on December 7th however, this is an initiated statute which means Ohio's General Assembly could step in and make changes. The state’s Division of Cannabis Control is also taxed with creating details of the new law, including requirements of vendors, grow facilities and even what can be sold in a dispensary. That process could take up to nine months.

?Employers may be wondering if it's a good idea to make changes to their company’s policy on marijuana use. Under the new law, employers are still allowed to operate a zero tolerance drug free workplace.??Employers?are not?required to allow the use of marijuana by employees and can respond with disciplinary action when an employee violates the policy. Employees who are under federal regulations (DOT, PHMSA, etc.), or work on certain types of jobsites are never allowed to use marijuana, even when legal in the state. The new law also does not change the requirements of the Drug Free Safety Program. Before making a change to the company policy, we strongly urge employers to seek assistance from an attorney or drug free consultants like First Connect.?

What employers should be doing immediately:

• Today, it's important to remind your employees in writing of your current drug free policy as it pertains to marijuana use. Be clear that the new law allows employers to continue to operate a zero tolerance drug free program and that marijuana use is still not allowed. Let your employees know where to find the company policy for further reference and encourage them to ask questions.
• Remind employees who are required to test because of certain types of contracts, government grants or those who are under federal regulations (DOT, PHMSA, etc.) that marijuana is never acceptable, even when use is legal in the state.
• Employers who have not reviewed or updated their substance abuse policy in the last 18 months should do so as soon as possible. Remember, there is a?reimbursement?that will help eligible employers defray costs of the policy update or new development.?
• Update post-accident testing policies and include a checklist for supervisors to follow with your company’s injury reporting packets. Review the policy and required paperwork with supervisors as soon as possible.
• Review the procedure for reasonable suspicion with supervisors, including who to call and all required checklists.
• As soon as possible, schedule reasonable suspicion training for supervisors who have not completed training in the last 12 months.??
• Consider random testing for employees who drive, operate machinery or work in other safety sensitive positions.

We expect there will be more information coming in the weeks ahead and we will keep everyone updated. In the meantime, please contact First Connect Corporate Services at 855.990.5500 or email [email protected] for assistance.