Marijuana Legalization Leads Some to Modify Employee Drug Policies

Filed in Business Management, Labor, Safety and Health by on November 8, 2017 1 Comment

Running a residential construction company involves countless responsibilities. And in recent years, a growing number of home builders are having to add yet another item to the list: modifying workplace drug policies.

“The legalization of marijuana has created issues for employers wishing to maintain a drug-free workforce,” said Ron Connally, chairman of NAHB’s Construction Liability, Risk Management, and Building Materials Committee.

The laws governing the use of marijuana vary by state, and many have implemented programs that protect current or prospective employees against employment discrimination based on his or her use of marijuana.

Employers must now consider how legalized marijuana use could impact their workplace policies. To help members learn more about this issue, NAHB has created “A Builder’s Guide: Marijuana in the Workplace.”

The guide examines pertinent issues related to the legalization of marijuana, and includes a compilation of state laws and tips for creating workplace policies.

“This guidebook will help builders navigate the myriad of employment issues including those involving OSHA compliance and workplace safety,” said David Miller, chairman of NAHB’s Construction Safety and Health Committee.

It also provides answers to many frequently asked questions. For example:

  • In areas where it is legal to smoke marijuana for medical reasons, can employers still object to their employees smoking marijuana at work? (The answer is yes.)
  • Can an employer fire or fail to hire someone because they admitted to (legally) using marijuana, or because a drug test revealed they had recently smoked marijuana, even if it never impaired their work performance? (The answer varies by state.)

Members can access this guide in the Construction Liability Resources on in the “Trending Now” section. For questions, contact David Jaffe at 202-266-8317.


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  1. Mark says:

    I agree not to be able to use marijuana at work. Just like alcohol. But what people do on the own time is there business. They should not be penalized for it.

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