From the Expert: Bill Gschwind, Minnesota Construction Law Services
With Minnesota’s legalization of cannabis, construction company owners face new and unfamiliar workforce management challenges. The industry’s tightrope walk between state legalization and federal regulations, particularly for safety-sensitive roles, demands a proactive and informed approach to ensure workplace safety and legal compliance.
The Legal Landscape
Minnesota allows the legal use, possession, and transportation of cannabis flower and cannabinoid products. However, cannabis remains classified as a Schedule I controlled substance at the federal level, creating a complex legal scenario for contractors subject to federal regulation. Construction, being heavily safety-sensitive and often performed under federal contracts, requires a nuanced approach to reconcile state and federal laws. Certain roles within your company are safety-sensitive (e.g., equipment operators, critical decision-making roles, specialty trades such as electricians, and physical labor). These positions demand heightened vigilance regarding impairment.
Implications for Construction Companies
For owners, the primary concern is maintaining a safe work environment by maintaining a zero-tolerance policy towards impairment on the job while recognizing that off-the-clock use could impact workplace safety. Educating employees of the risks associated with impairment is crucial, underscoring the importance of clear-headedness in high-stakes environments.
Develop a Comprehensive Cannabis Policy
A robust cannabis policy is your first line of defense. It should detail the company’s stance on cannabis, aligning with both state and federal guidelines. It should explain drug testing protocols, including pre-employment screening, random testing, and reasonable suspicion tests. Consulting legal counsel ensures your policy respects employee rights while safeguarding workplace safety.
Communication is key; openly discussing the safety risks associated with impairment can foster a culture of safety and responsibility. Offering resources for substance abuse further demonstrates your commitment to employee welfare.
Reasonable Suspicion Training
Given the legality of recreational cannabis and the limitations of traditional drug testing, training supervisors to identify signs of impairment is imperative. Reasonable suspicion testing focuses on observable behaviors, including physical signs of impairment, unusual behavior, or a noticeable decrease in performance. Supervisor training should also cover the proper procedures to document and address these observations. Documentation and legal counsel are vital when dealing with suspected impairment, balancing safety with privacy and rights.
Responding to Suspected Impairment
If an employee is suspected of being under the influence, immediate action is crucial. The supervisor should discreetly assess the situation, looking for signs such as altered behavior, bloodshot eyes, or slurred speech. If suspicion persists, involve a second witness. Escort the employee to a private area and have a candid discussion. Clearly state the observed behaviors and express your concerns related to impairment.
The supervisor should thoroughly document the observations. Use a Reasonable Suspicion Testing Checklist to record specific details. Include the date, time, location, and relevant context. Seek legal advice promptly.
Remember that addressing suspected impairment ensures a safer work environment for everyone. By following this protocol, you protect your company, employees, and clients.
Accommodating Medical Use
Adding to the complexity, Minnesota contractors may need to accommodate medical cannabis use, demanding a focus on job-related safety rather than cannabis use per se. Engaging in an interactive process to determine if a reasonable accommodation can be made without compromising workplace safety is essential.
Legal Considerations and Future Outlook
As the legal landscape continues to evolve, staying informed about changes in cannabis laws and their implications for the workplace is imperative. Regularly reviewing and updating your drug policy and training programs will help ensure compliance and adaptability to new legal requirements.
Navigating legalized cannabis in the construction industry requires a balanced approach that prioritizes safety while respecting legal and employee rights. By establishing clear policies, investing in training, and fostering open communication, construction company owners can protect their employees, their company, and themselves from the risks associated with workplace impairment. As we move forward, adaptability and vigilance will be key in maintaining a safe and compliant workplace in the face of changing cannabis legislation.
