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AROUND THE REGION
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Back Cover Story: Cannabis and the Workplace - Realities and Trends

Continued from page 52 Why does any employer care? when tested, or was in the first place. so. Will they discriminate? That seems to
employee suspected of impairment in the Consider that the National Institute on Another reality is the labor market. be a function of the labor market.
workplace and fire upon a positive test. Drug Abuse reported the findings of a Until COVID-19, there was a healthy My assumption is that the future
Hiring: Since a drug test can be a con- study which stated that those employees labor marketplace. Many employers were includes scientists studying and creating
dition of employment and Florida’s mar- who tested positive for marijuana had finding good help hard to find. Many true impairment testing, adaptable to
ijuana statute does not create any claim 55% more industrial accidents, 85% great candidates for a lot of jobs use specific industries, and that, in most
for discrimination, then hiring can be more injuries and 75% greater absen- cannabis. At least 24 million Americans industries, employers will move from
conditioned upon an agreement to not teeism compared to those who tested identify as cannabis users. Despite pay- detection testing to impairment testing.
use cannabis. A test may be given as a negative. ing somewhat more for workers compen- Truck drivers and heavy equipment oper-
condition of hire, and should a prospec- The reality: In Florida, we don’t have a sation insurance by not having a drug- ators will likely always be subject to zero
tive employee state that they use strong industrial sector, as compared to free workplace policy, some may choose tolerance policies. But, surely for IT
cannabis and will not stop and be subject many other states. In Florida, workers to not to maintain such a workplace. developers, retail workers, office workers
to testing, the employer can choose not compensation insurance premiums are Many companies hiring and retaining and others, the only question for
to hire an otherwise qualified applicant. based on the danger categorization of a employees in jobs which are not inher- employers will be whether they are
Workers Compensation: Because of job. All jobs are ranked. It makes sense ently dangerous either don’t test for accepting of having an employee affected
workers compensation insurance poli- that jobs which have physical danger THC, offer counseling upon a positive by cannabis while working. With resi-
cies, virtually all workers injured on the within their job descriptions (FP&L line THC result or ignore a positive result. dents of 2/3 of the states having access to
job are subjected to a drug test before worker, heavy equipment operator, etc.) This, even when automatically terminat- legal cannabis, for employers to hire and
benefits are approved, including medical cost more to insure. Those employers ing upon positive results for other drugs. retain top talent, only impairment on the
bills. Whether the employee who tests have drug-free workplace programs In a tight labor market, employers have job will matter, as they will not be able to
positive is fired for testing positive or is which depend on drug-testing and will to accommodate qualified workers to compete for hires with a zero tolerance
simply denied benefits is likely a func- continue to do so. hire and maintain quality candidates. policy while impairment testing is avail-
tion of whether the employer maintains a Underlying reality: THC tests are not Future Trend: Employers can decline able.
drug-free workplace. Employers which tests of impairment, and unlike alcohol, to hire employees because they use Michael Liss, Esq. can be reached at
have adopted drug-free work places will there is no presumptive impairment level cannabis, they can fire them because they ml@integritycounselpa.com
typically terminate a worker who is for THC. Just because there’s a positive use cannabis, they can deny workers or (561) 981-2507,
injured on the job and tests positive. test does not mean an individual is high comp benefits-Florida and U.S. law say located in Boca Raton.

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