This course explores the impact of legalized cannabis on the work force and explains the impact on employers.  This course is useful in helping employers understand its rights and obligations to job applicants, employees and co-workers as a result of legalized cannabis use.  In addition, employers learn about the rights of job applicants and employees.

 

Course Outline

• BACKGROUND – Firm and myself
• CANNABIS DEFINED – Why it was outlawed and what cannabis is
• WHO IS AN EMPLOYEE?
  • Definition of Employee
  • What Employees Can’t do at Work
  • Laws that may restrict cannabis using employees ability to work
• WHO IS AN EMPLOYER?
  • Definition of Employer
  • What has NOT Affected by Legalized Cannabis
    • Obligations of employer
    • Employers Don’t Have to Look the Other Way, Substance Abuse is still Illegal
    • Employers Don’t Have to Pay for Cannabis Use
  • What IS affected?
    • Employment practices
    • Employment policies
    • Additional policy requirements
• DRUG TESTING (“DATWA”)
  • What can employer test for?
  • Who can employer test?
    • Persons in a safety-sensitive position
    • CDL holders
    • Position requires operation of a motor vehicle AND state/federal law requires testing
    • Federal grant
    • Any other position where state or federal law requires testing
  • When can employer test?
    • Pre-employment testing
      • Limitations
    • Routine physical exam
      • Limitations
    • Random testing
      • Limitations
    • Reasonable suspicion
      • Broader ability to test:
        • suspected to be under the influence
        • using, possessing, selling at work
        • employee is injured
        • employee injures someone else (not property)
        • employee causes a work-related accident (not defined)
        • operating a motor vehicle (or helping to operate) vehicles, machinery, equipment which was involved in an accident (the employee was the cause of a machine malfunction)
  • Why can employer test?
    • Not arbitrary and capricious
  • How can an employer test? [Strict compliance]
    • Employer pays for testing
    • Employer uses the right testing lab
    • Both employer and lab follow statutory requirements
• POSITIVE TEST RESULTS
  • Restrictions and requirements before discipline or adverse actions
• MISC.
  • Cause of action against employers
  • Collective Bargaining Agreements

Learner Objectives

• Understanding how to balance the employer’s obligations with the rights of job applicants, employees and co-workers;
• Understand restrictions on regulating employee conduct as a result of legalized cannabis;
• Determine strategy for implementing policies and procedures in response to legalized cannabis;
• Identify the strict compliance requirements for a drug, alcohol or cannabis testing policy; and
• Reduce liability when confronted with employees who are under the influence while working.

Testimonials

"I feel more able to take on the new challenges brought on by legal cannabis." Andy Wallace, Andrew M Wallace Construction LLC

"I really appreciate Contractor University taking the effort to develop a course on such a timely topic - Cannabis and the workplace. Patrisha covered the information in a very interesting, clear and enjoyable manner." Roger Grothe, Aloha Landscaping

"Great course." Benjamin Schieber, Schieber Builders LLC

"A good update on cannabis and new laws." Del Krusenstjerna, Shaw/Stewart Lumber Co. 

"This course spelled out clearly the obligations of the employer as the laws are changing." James VanGuilder, Van Guilder Contracting Inc.    

Quiz Info

In order to receive continuing education credit(s), you will need to take a 10-question quiz following the course. To pass the quiz, you will need to achieve a score of 70% or higher. If you are unsuccessful, you will have an opportunity to repeat the quiz. Once you have successfully completed the quiz, you can download your continuing education certificate(s) showing the credit(s) that you have earned.

Credit Info

This course has been approved for one hour of MN residential contractor and remodeler credit by the Minnesota Department of Labor & Industry and is approved for the required business management credit.

If you are eligible to receive continuing education credits, your information will be electronically reported to the appropriate agency within 3 business days of course completion.

Access Info

Your online course is accessible 24/7. The course will be available to you for 180 days from the purchase date.

Questions and Comments

Questions and comments related to the curriculum for this course may be submitted to the instructor at education@housingfirstmn.org.