With marijuana medically legal in 34 states and two territories and for recreational use in 15 states, Washington, D.C., and two territories, the construction industry has been left with plenty of questions about how to maintain a workplace that is safe for all workers. Best practices have emerged in several categories, including employment policies and procedures, safety-sensitive position designations, dealing with medical marijuana in the workplace, and drug testing for marijuana in the workplace. A few noteworthy ones? Treat marijuana the same as alcohol or prescription drugs when not working under a federal contract and when in a state that has legalized marijuana; designate safety-sensitive positions in writing and make sure that job descriptions reflect how impairment would pose a safety risk; be aware of states who are or will be legalizing medical and recreational use of marijuana in the future, and know that drug tests are not yet a reliable source to establish whether an employee is under the influence of marijuana.
