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Who won this case? Worker fired for using medical marijuana May 3, 2013 By Staff Report The smoke is still clearing in states that have legalized recreational or medical marijuana use regarding how companies will be able to enforce drug policies. But one court recently sided with an employer that wanted to fire a worker who tested positive for pot on the job. ... A Colorado court recently upheld an employer’s decision to fire a worker who tested positive for marijuana during a random drug test. Brandon Coats was a telephone operator for Dish Network LLC until he failed a random drug test and was terminated in 2010. Coats was paralyzed in a car accident as a teenager and had been a medical marijuana user since 2009. However, he said he never used marijuana on the job and was never intoxicated on the job. Dish seemed to agree it didn’t claim he was ever impaired on the job when it terminated him. After he was fired, Coats sued Dish, claiming it was illegal for him to be fired for engaging in legal behavior off the clock. But the Colorado appeals court didn’t agree with Coats’ definition of legal. In order for an activity to be legal, the court said, it has to be allowed by state and federal law. The ruling’s in line with other recent decisions around the country, including in Washington state, where recreational marijuana use was also recently legalized. Coats and his legal team plan to appeal the decision. We’ll keep you posted.

Marijuana use higher among workers in ‘safety-sensitive’ jobs May 16, 2018 By Nick Pipitone Marijuana and safety don’t mix. Yet, a recent survey shows that workers in safety-sensitive jobs in this Western state were more likely to have reported using weed in the past month. ... Marijuana use among workers in Coloradoin safety-sensitive jobs is reported to be higher than in the state’s general workforce, according to a recent study by the Colorado Department of Public Health & Environment. The findings come from more than 10,000 workers who reported using pot at least once in the previous month. Researchers found that marijuana use in construction and extraction (16.5%), farming, fishing and forestry (16.5%) and healthcare support (15.8%) was greater than the state’s general workforce (14.6%). Drug use lowest in industries with testing Other findings from the report include: Food preparation and serving was top among occupations with marijuana users (32.2%).Marijuana use was highest among workers 18 to 25 years old, male and non-Hispanic whites.Weed use was lowest in industries that perform regular drug testing, such as health care and social assistance (7.4%), utilities (5.8%), and mining, oil and gas (5.2%).Marijuana use among transportation and material moving occupations was 10.2%. These positions are subject to federal drug testing requirements. Colorado is one of nine U.S. states where recreational marijuana is legal. The report was published in the Centers for Disease Control and Prevention’s Morbidity and Mortality Weekly Report.

Marijuana laws keep changing: Can you still enforce a drug-free policy? March 16, 2018 By Nick Pipitone 2 More states continue to legalize marijuana for recreational use, which leads to the question: Can safety managers still enforce drug-free policies? Labor law experts recently gave some guidance on the topic. ... Recreational marijuana is now legal in eight states and the District of Columbia. The eight states are Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon and Washington. But as you know, marijuana still remains an illegal Schedule I substance under federal law, and therefore pot is still subject to federal prosecution. So what about workplace drug testing? Legalization of marijuana in the above states does not affect an employer’s ability to enact and enforce workplace restrictions related to drug possession, use, impairment and testing, according to the law firm Bryan Cave LLP. Remind workers: Weed still banned at work The law firm used the example of California’s marijuana legalization law, known as Proposition 64. The law contains express language specifying that it doesn’t: affect the rights and obligations of public and private employers to maintain a drug- and alcohol-free workplace require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale or growth of marijuana in the workplace affect the ability of employers to have policies prohibiting the use of marijuana by employees and prospective employees, or prevent employers from complying with state or federal law. Employers also have the right to enforce workplace restrictions on medical marijuana, the law firm says. In 2008, the California Supreme Court ruled that a company may lawfully enforce drug-free workplace policies even if a worker uses marijuana for medical purposes. Since workers may be confused by changing marijuana laws, the law firm says it’s a good idea to remind them of drug-free policies that extend to marijuana. Remind employees that although recreational marijuana may be legal in your state, it’s still banned in the workplace.