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 or the presence of cannabinoid metabolites in their bodily fluids, except under specific circumstances. Employers may require drug testing if there is reasonable suspicion of cannabis use during work, observable signs of intoxication, or following a work-related accident. The bill specifies that drug tests for cannabis cannot be part of pre-employment screenings, except for certain outlined employees, and establishes that employers can choose whether to employ a Workplace Impairment Recognition Expert to assist in identifying impairment.
Additionally, the bill outlines conditions under which employers may restrict cannabis use during non-work hours, particularly for employees in high-risk jobs, such as those in critical infrastructure or public utilities, or those subject to federal regulations. It also mandates that the Police Training Commission collaborate with the Cannabis Regulatory Commission to develop standards and curricula for certifying Workplace Impairment Recognition Experts. This aims to ensure that employers can maintain a safe workplace while respecting employees' rights regarding cannabis use outside of work hours.
Statutes affected: Introduced: 24:6I-52, 52:17B-71