Joshua S. Bauchner, Chair of the Cannabis, Hemp, and Psychedelics Practice Group at Mandelbaum Barrett PC, was recently highlighted in the New Jersey Business Magazine article titled “Cannabis Usage in the Workplace”, where he explains the legal challenges employers face in balancing employee rights with maintaining a safe and compliant work environment.
Understanding the Cannabis Legal Landscape
The legalization of recreational cannabis in New Jersey has introduced complexities for employers. While employees have the right to use cannabis legally outside of work, employers retain the authority to prohibit its use during work hours and to enforce policies that ensure a drug-free workplace, especially in safety-sensitive positions. However, determining impairment remains a significant challenge, as standard drug tests can detect cannabis long after its effects have subsided, making it difficult to assess current impairment.
The Role of Workplace Impairment Recognition Experts (WIREs)
To address the issue of impairment, New Jersey’s legislation introduced the concept of Workplace Impairment Recognition Experts (WIREs). These individuals are trained to identify signs of impairment in employees. However, the implementation of this measure has been hindered by the lack of established certification standards and training programs, leaving employers without a reliable method to assess impairment effectively.
In the article, Joshua S. Bauchner emphasizes the importance of comprehensive policies that address the nuances of cannabis use in the workplace. He states, “If you consumed cannabis on Friday night to relax after the workweek, on Monday morning you will still likely be intoxicated, but you won’t be impaired – so the challenge has now become: How do you determine if someone is impaired in the workplace?” With extensive experience in controlled substances law, Bauchner advises employers to develop clear guidelines that respect employee rights while prioritizing safety and compliance.
Crafting Effective Workplace Policies
Employers should consider the following steps to navigate cannabis use in the workplace:
Policy Development: Establish clear policies that outline the company’s stance on cannabis use, considering both legal rights and safety concerns.
Training and Education: Implement training programs for management and staff to recognize signs of impairment and understand company policies.
Consistent Enforcement: Apply policies uniformly to all employees to ensure fairness and legal compliance.
Legal Consultation: Engage legal experts to review and advise on policies to ensure they align with current laws and best practices.
As cannabis laws continue to evolve, employers must remain vigilant and proactive in updating workplace policies. By staying informed and adaptable, businesses can navigate the complexities of cannabis use in the workplace effectively.
WIRE Training
Our Cannabis, Hemp & Psychedelics Practice Group has developed an interactive presentation to help organizations understand and implement WIREs effectively. Whether you prefer an in-person session or a virtual seminar, we tailor our training to your jurisdiction and company needs.
To schedule a session or learn more, contact the Cannabis, Hemp & Psychedelics Practice Group at 646-369-0250 or email jbauchner@mblawfirm.com.
Read the full New Jersey Business Magazine article here.