This bill amends existing legislation regarding employer and employee rights related to the use of cannabis items. It prohibits employers from taking adverse actions against employees based solely on their cannabis use outside of work hours, with specific exceptions for employees in high-risk positions, such as those working at critical infrastructure facilities or in law enforcement. The bill also clarifies that drug tests for cannabis cannot be part of pre-employment screenings, except for certain outlined positions, and allows employers to conduct drug tests under reasonable suspicion of impairment during work hours. Additionally, it establishes the discretion for employers to employ or not employ a Workplace Impairment Recognition Expert, emphasizing that their use is not mandatory nor considered an industry standard.

Furthermore, the bill mandates that the Police Training Commission collaborate with the Cannabis Regulatory Commission to develop standards and curricula for certifying Workplace Impairment Recognition Experts. This certification will focus on detecting and identifying employee impairment from cannabis or other intoxicating substances, as well as assisting in workplace accident investigations. The bill aims to balance the rights of employees to use cannabis during non-work hours with the need for employers to maintain a safe and drug-free workplace.

Statutes affected:
Introduced: 24:6I-52, 52:17B-71