Recently Proposition 64 became law, and employers are wondering what does this mean for us in connection with our current drug policies?
The good news for employers is that the major aspect or feature of Proposition 64 is the decriminalization of marijuana. While employees may use marijuana on their own time, employers do not have to allow employees to use marijuana at work.
One thing that businesses need to do is to make sure that the company’s drug policies spell out precisely what employees can and cannot do concerning marijuana in the workplace.
A specific provision of this new law is that there will be no need for companies to amend the workplace drug policies for the purpose of accommodating an employee who wants to use marijuana on the job.
Federal vs. State Law
Since marijuana is a Schedule 1 drug meaning that marijuana is a controlled substance that is prone to abuse and psychological/physical dependence. Since this is the case, that means employers can still rely on the federal law for refusing to hire a job applicant that tested positive for marijuana use.
With the passing of this new California Labor law, now would be an excellent time to reevaluate your current drug policy to make sure that it will meet the current needs of the company.
No matter what your companies’ policies are when it comes to drug testing like any other, these policies need to be equally enforced.
With all of the new laws that are being passed, along with the fact that these news laws apply to employers of both large and small companies now are a good time to implement a Company Handbook even if you only have a couple of employees.
In addition to this new law and the need to clarify your companies stand on this new law other laws need to be addressed even for small businesses.
Make Company Policies Clear & Concise
For example, the California Paid Sick Leave Law needs to be spelled out in your employee handbook. Each employer should also spell out the ways your company is working to prevent a safe working environment that does not allow, sexual harassment, or discrimination in the workplace. In addition to this, there is an enormous issue these days with employees being bullied in the workplace. And some statistics show that almost 50% of all staff are being bullied in the workplace.
California Employer’s Services has been helping employers comply with Cal-OSHA Standards and labor laws since 1997. We would be happy to review your current employee handbook free of charge. Perhaps you would like to map out a plan that will not only help you with your employee handbook but get you in compliance in aspects that are necessary to protect your rights. Should that be the case give us a call and we will be happy to set up a free strategy session that well fit your needs and make compliance easy.