Passage of Proposal 1 and Marijuana in the workplace

Passage of Proposal 1 and Marijuana in the workplace
EverythingHR, LLC ©2018 All Rights Reserved

EverythingHR, LLC ©2018 All Rights Reserved www.EverythingHR.net
1055 South Blvd E. Suite 225 Rochester Hills, MI (586) (O) (586) (F) About Us EverythingHR is an Administrative Service Organization (ASO) that provide cost effective HR products and services. EverythingHR, LLC ©2018 All Rights Reserved

I have over 30 years of experience as a HR consultant and financial advisor change slide. I have the awesome honor to work with ….. Felicia Harris, CFP® Principal EverythingHR, LLC ©2018 All Rights Reserved

EverythingHR consists of a group of experienced HR professionals that can help your organization drive business. We have Employment Attorneys, HR Professionals, Certified Coaches and Trainers ready to partner with your organization. As you already know, owning a company is complex. There are already a zillion moving parts, and when you bring employees into the picture, things can get even more complex. Whether you have one employee or 5,000, it can be a challenge to keep it all running smoothly. That’s where EverythingHR comes in. We do one thing—HR. We are human capital experts. We are problem-solvers. We make things simpler. Through strategic human resource initiatives, we help you grow. Our services are tailored to the unique needs of your business and your employees, whether you need all of our products and services or just a little help here and there. EverythingHR offers peace of mind–we handle all the intricacies of HR so that you can focus on the things that make your business a success. We have all the human resource products and services you need to grow your business under one roof. EverythingHR, LLC ©2018 All Rights Reserved

Michigan became the 10th state to legalize marijuana for adults 21 and older, joining Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, Vermont, Washington state and Washington, D.C. Passage of Proposal 1 EverythingHR, LLC ©2018 All Rights Reserved

What Employers Need To Know
With the passage of Proposal 1, marijuana will be legal under Michigan law for both medical and recreational purposes. State law will limit the use, possession and cultivation of recreational marijuana and impose licensing requirements on businesses that want to enter the cannabis industry. Local governments, employers, and property owners will be able to prohibit the use of marijuana in some circumstances. EverythingHR, LLC ©2018 All Rights Reserved

Using marijuana is still illegal under federal law. Marijuana is regulated as a Schedule I substance under the Controlled Substances Act (21 U.S.C. § 811) — the same as cocaine and heroin. It is a violation of federal law to possess, grow, transport, distribute or prescribe cannabis, for medicinal or other purposes. The new state law does not require an employer to permit or accommodate marijuana at the workplace or on the employer’s property. Employers may still use pre-employment drug tests and implement drug-free workplace policies, enforced through drug testing. Although employers may still maintain drug-free work policies, an employee who is terminated for using licensed medical marijuana may still be able to recover state unemployment benefits. Marijuana also may not be consumed on K-12 school grounds. Marijuana may not be consumed on federally-owned property. Employers that do business with the Federal Government must have a Drug free policy. Marijuana also may not be consumed on K-12 school grounds. Marijuana may not be consumed on federally-owned property. Employers still can have or create a zero tolerance drug policy EverythingHR, LLC ©2018 All Rights Reserved

Marijuana is illegal under federal law Local governments, employers, and property owners can prohibit the use of marijuana Businesses that receive government funds or do business with the government must have a drug free policy Employees can be disciplined and terminated for not following your drug free policy Recruits can be drug tested Marijuana is illegal under federal law Local governments, employers, and property owners can prohibit the use of marijuana Businesses that receive government funds or do business with the government must have a drug free policy or risk losing their funding or contract EverythingHR, LLC ©2018 All Rights Reserved

What Employers Need To Do
EverythingHR, LLC ©2018 All Rights Reserved

Inform Employees Some employees will assume that the passage of prop 1 gives them the right to possess and use Marijuana It is the responsibility of the employer to inform your employees that you have a zero tolerance policy. If you have an EverythingHR handbook you can refer employees to read the policy in the handbook before Dec 1, 2018. If you are going to refer your employees to your employee handbook, make sure that all employees have received a copy of the handbook and a copy of the handbook acknowledgment is in the employee file. Employees need to know that they cannot drive a company vehicle or operate company machinery after consuming marijuana. If an employee is injured on the job, employers still have the right to require the employee to test a drug test. Some insurers are requiring mandatory testing after an injury. EverythingHR, LLC ©2018 All Rights Reserved

Recap Some employees will assume that the passage of prop 1 gives them the right to possess and use Marijuana It is the responsibility of the employer to inform your employees that you have a zero tolerance policy. If you have an EverythingHR handbook you can refer employees to read the policy in the handbook before Dec 1, 2018. If you are going to refer your employees to your employee handbook, make sure that all employees have received a copy of the handbook and a copy of the handbook acknowledgment is in the employee file. Employees need to know that they cannot drive a company vehicle or operate company machinery after consuming marijuana. If an employee is injured on the job, employers still have the right to require the employee to test a drug test. Some insurers are requiring mandatory testing after an injury. EverythingHR, LLC ©2018 All Rights Reserved

Before December 1, 2018 Establish a zero tolerance policy or use your employee handbook zero tolerance policy Verify that you have signed employee handbook acknowledgements Verify that you have the proper employee background and drug testing authorization forms Notify Employees about your zero tolerance policy – posters, intranet, newsletters, group meeting, etc. EverythingHR, LLC ©2018 All Rights Reserved

EverythingHR Podcast Coming January 2019 EverythingHR Podcast We know that your time is valuable and beginning January 2019 we will be providing you podcasts that you can listen to HR Tips, Employment Law updates, and other HR hot topics. Some podcasts will be broadcasts live to give you the opportunity to ask employment attorneys and other HR professionals questions. A copy of this presentation will be uploaded onto our site. EverythingHR, LLC ©2018 All Rights Reserved

What Employers Need To Know And Do Before December 1, 2018
Passage of Proposal 1 and Marijuana in the Workplace Thank you for attending Thank you for attending. What Employers Need To Know And Do Before December 1, 2018 EverythingHR, LLC ©2018 All Rights Reserved

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