Portable Sanitation Association International

Association Insight November 25, 2020

Issue link: http://psai.uberflip.com/i/1312726

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ASSOCIATIONINSIGHT Portable Sanitation Association International News BIWEEKLY EDITION NOVEMBER 25, 2020 Page 3 Continued on page 4 Legal Cannabis—HR Policy Issues…continued from page 2 Another operator from a state where medical marijuana is legal had this to say: "Right now, the common tests for marijuana all flag the drug but not the form. In some cases, the medical marijuana product does not contain ingredients that have been shown to contribute to potential impairment. Until there is a shift in testing across the board for what is in someone's system that came from a marijuana plant, I'm going to treat each instance on a case by case basis. "Now, having said this, the military base we serve, the power companies we serve, the two chemical plants we serve, and the two mines we serve have all been very clear: They have a zero-tolerance policy, and if they test one of my drivers and the test is positive, fines will be imposed AND that employee is no longer allowed on the property. The military base and power companies do not do random tests of contractors but the mines and chemical plants do." Companies not subject to FMCSRs face dilemmas too. Only a small number of states have stated in statute what level of tetrahydrocannabinol (THC—the chemical in marijuana) in the blood constitutes impairment. Even if your driver is not impaired, how much THC is an acceptable risk for your company and your insurer? How do you monitor behavior and enforce your policy? A Good Policy Covers the Basics For this article I checked with the Society for Human Resources Management (SHRM) and portable sanitation companies around the United States to get their take on the situation and see what policies they have in place. It's clear that portable sanitation is not alone in this dilemma; no industry or company has it all figured out. We can see, though, some common themes in how companies are approaching these issues. At a 2018 SHRM conference James Reidy, an attorney with Sheehan Phinney in Manchester, New Hampshire, said the conflict between federal and state legislation makes it challenging for employers to develop policies and procedures. As documented by Lisa Nagele-Piazza, J.D., in an April 24, 2018 blog post for SHRM: The best employers can do at this point is to focus on workers' performance and impairment […] At a minimum, your drug and alcohol policy should: • Prohibit the use, possession, sale, distribution or manufacture of drugs and drug paraphernalia at work. • Forbid employees from reporting to work while under the influence. • Reserve the right to conduct searches of workspaces upon reasonable suspicion. • Ensure compliance with applicable federal and state laws. Do I Need a Zero-Tolerance Policy? There is no one-size-fits-all answer to the question of whether you need a zero tolerance policy. While you must have and enforce one if your company is subject to FMCSRs or other customer requirements, there are things to consider. Does zero tolerance makes sense in light of your employee recruitment and retention goals? Will zero tolerance conflict with your ability to comply with other laws that apply to your company?

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