Employers may need to revisit workplace policies that address drug and alcohol use, with attention to two competing obligations: on the one hand, employers have a duty to accommodate disabled employees, and medical marijuana is used to treat medical conditions that can constitute a “disability”. On the other hand, employers must take every reasonable precaution to ensure the safety of their workplaces and they continue to have the right to prohibit impairment on the job.
Assessment of impairment at work may prove to be the most difficult aspect of designing and implementing policies regarding use of marijuana, as testing for drug and alcohol use remains one of the most contentious contemporary issues in workplace law.
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