Lynn and Erin Compassionate Use Act-Testing for Cannabis

4 weeks ago

HB230, Cannabis Testing Certain Employees was recently introduced. It limits when an employer can test for Cannabis in cases of employees covered under the Lynn and Erin Compassionate Use Act to when the employer feels that an employee is impaired. The proposed bill also states that an employer can not do random testing for cannabis.

Of course, this law provides certain exclusions. For example, if you have a driver who is using his certified drivers’ license (CDL) to drive heavy equipment at work, you would be required to follow the Department of Transportation (DOT) regulations for testing.

According to this bill, you will need more than just a positive result from testing to indicate impairment. So, it is still recommended that you have an official form where you can capture objective indicators indicating why you think the person is impaired. It is also advisable to have at least two supervisory witnesses to confirm what they have observed.

Finally, the Department of Health (DOH) will be assisting the Department of Workforce Solutions (DWS) in creating Cannabis Impairment Guidelines for employers.

This bill has passed the House Health and Human Services Committee (HHHC) with amendments after just a few days. The language regarding the use of a Medical Review Officer (MRO) has been removed and has been replaced with language regarding the Guidelines.

A myriad of other bills, some relating to employment, have been introduced in the last week. This may be the last big push of new bills in anticipation for the close of the legislature on March 22, 2025. Of note is HB 446 Parental Leave and Fund which appear to cover some of the items covered under the proposed HB 11 Paid Family and Medical Leave Act. If this piece of legislation progresses, we will provide more information on the bill. No further action has occurred with HB 11 since our last report. Southwestern HR Consulting (SWHRC) will continue monitoring HR related bills during this session. Contact SWHRC today at the link above to find out more about our services and our team of experts.