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 clarifies that drug testing for cannabis cannot be part of pre-employment screenings, except for certain specified roles, and allows employers to conduct drug tests under reasonable suspicion of impairment during work hours. Additionally, it establishes the option for employers to employ a Workplace Impairment Recognition Expert at their discretion, without mandating their use for drug testing or suspicion determinations.

Furthermore, the bill requires the Police Training Commission to 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 employee protections with employer rights to maintain a safe and drug-free workplace while ensuring that the processes for testing and determining impairment are scientifically reliable and fair.

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