With medical and recreational marijuana becoming legal in more and more states, when to drug test – if at all – is one of the most challenging questions facing employers. As of the writing of this alert, recreational marijuana is legal in 19 states (including New Jersey and New York), two territories, and the District of Columbia. Medical marijuana is legal in 39 states (including Pennsylvania, Delaware, New Jersey, New York and Maryland), four territories, and the District of Columbia.

Many state and local laws include substantial employment protections for people who engage in lawful behavior with respect to marijuana, which creates challenges for employers because testing for THC – the main psychoactive compound in cannabis that produces the high sensation but also is present in medical marijuana – remains an inexact science. Unlike alcohol, THC remains in the body’s system for an extended period of time, making it difficult to tell from test results alone if an employee is impaired at work (a terminable offense) or legally ingested cannabis the night, or even several days, before.

The good news for employers is that, in general, it remains legal to ban the use, consumption, possession, transfer, display, transportation, sale, or growth of cannabis or cannabis items in the workplace and during work hours, and employers may forbid employees from coming to work under the influence of marijuana. In addition, employers may administer drug tests to employees and may be entitled to discipline or discharge an employee who used, possessed, or was under the influence of marijuana while in the workplace or during work hours. Best practices dictate (and, in some cases, the law requires) that employers train their supervisors to detect reasonable suspicion for impairment and to take an adverse employment action only when documented reasonable suspicion is combined with a contemporaneous positive test. Deciding whether and when to test is not a black and white issue, and employers in many cases must consider and weigh the legal risks associated with this decision, as well as the impact on safety, workplace culture and recruitment and retention.

Employers in states with medical marijuana statutes also must be mindful of legitimate employee medical needs and how such laws may impact their reasonable accommodation obligations under disability discrimination laws. Many recent court decisions have recognized increased protections for medical marijuana users, holding that permitting use of medical marijuana recommended by an employee’s doctor can be a reasonable accommodation such that an employer must, at a minimum, engage in the interactive process under disability discrimination laws.

Through all of this, employers must remember that marijuana remains an illegal drug under federal law, and employers subject to Department of Transportation and federal contractor requirements regarding drug-free workplace policies and marijuana testing may need to adjust their policies accordingly.

Employers should consult with experienced human resources professionals and/or labor and employment counsel when in doubt about implementing drug testing policies. For all MEA members, the Hotline is available to provide this assistance. For MEA Essential and Premier members, a Member Legal Services attorney are available for additional consultation.

For additional information, please join us on July 19th at 11 AM for ourMEA Insights Webinar on Marijuana & the Workplace: Employer Challenges.

Amy G. McAndrew, Esquire
Director of Legal and Compliance Services
MidAtlantic Employers' Association
800-662-6238

*This Alert is provided for general informational purposes only and does not constitute legal advice.

 Open Letter Paper Industry Page 1

Open Letter Paper Industry Page 2

Dear 

Our country’s ongoing supply chain problems are well known and impact most of the American economy. What isn’t recognized are the supply chain issues the printing industry is having, primarily with paper supply. Paper supplies used for printing, packaging, and mail are stretched very thin, jeopardizing thousands of American manufacturing jobs.

What also needs to be recognized is the threat that these shortages pose to the broader United States economy. Printing is an integral part of most of our economy and a variety of service and manufacturing companies rely on print as a cornerstone of their ability to operate. The shortage of paper used for communication, packaging, labels, etc. will impede the ability of these companies to provide a service or bring a product to market. We urge Congress to act expeditiously in taking action to address this problem.

Thank you for passing the Ocean Shipping Reform Act which will modernize provisions of the law to reflect best practices in the global shipping industry.

Please continue working with the surface trucking industry to enact measures that will address the ongoing driver shortage. The supply chain issue will not be resolved without acting here.

Also, act to increase the labor pool by implementing targeted financial incentives to recruit additional truck drivers, grant temporary visas to workers willing to fill the employment gap in key sectors, and increase regulatory flexibility to make the delivery of goods and materials easier.

Our industry is not alone in feeling the pinch that the supply chain woes have created. It is a significant impediment to the recovery of the American economy and we need you take action.”

Sincerely

Jay Goldscher
President, Printing & Graphics Association MidAtlantic

The U.S. Department of Labor has just published its yearly increases to the maximum civil penalties that may be assessed via citations (OSHA) arising from a workplace safety and health inspection.

The new penalties were effective on January 15, 2022, and the minimum and maximum penalties for workplace safety violations issued by OSHA are as follows:

osha penalties

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