Marijuana: HR Policy Issues for the Portable Sanitation Industry
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• The poli cies and their content vary. One larger company that operates in multiple states where medical
marijuana is legal has only a 52 - word statement. It says driving while impaired may subject an employee to
disciplinary action. A smaller company operating in a single state has a six - page, 1,700 - word policy replete
with definitions and step - by - step procedures to document compliance with the requirements of their
mining customers. Two very large companies subject to FMCSRs have lengthy policies (12 - 14 pages) that
closely mirror information published by the federal
government. See this DOT Handbook on Drug and Alcohol
testing as an example of the material covere d in these
thorough documents.
• When FMCSRs are not a factor, it appears the nature of the
customers, more than the laws in a specific state, are the
driving force behind whether a company has a zero tolerance
policy or not. When customers require their se rvice providers
to comply with federal Mine Safety and Health
Administration (MSHA) guidelines, or customers impose
random checks on contractors' employees, the portable
sanitation company is far more likely to have a zero - tolerance
policy and to document it comprehensively.
Companies want help creating or updating their policies. Members have contacted the PSAI asking
for help in the creation of a policy that takes into account the availability and increasing legality of marijuana. As
should be clear by now, no single policy will work for everyone. Companies obligated to include language reflecting
federal law (FMCSRs, MHSA regulations, etc) will want to be especially careful in the creation of their policies and
procedures using tools like the DOT Handb ook mentioned above and the employer information found on the
FMCSA website.
For companies with more discretion over their policies, there is some common ground most will want to consider
including. A sample policy you can use as a starting point is found on the following pages o f this newsletter. We
strongly recommend that your legal counsel reviews any language you adopt for compliance
wit h applicable laws in your state. The policy you adopt should also be modified to suit your
company's culture, job classifications, and operational practices.
The PSAI wishes to thank the companies that provided input for this article and allowed us to re view their current
policies. We also thank the Members who raised the questions on this topic. Your contributions help us ensure that
Association Insight and the work of the PSAI is focused on topics that matter to you and your company. Please
direct addit ional comments or questions to Karleen Kos ( karleenk@psai.org or +1 - 952 - 854 - 8300).
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W EEKLY EDITION JULY 18, 2018
