How Legal Marijuana Impacts Workplace Safety

Posted 11/03/18 (Sat)

Perhaps the most talked about initiative on the November ballot is Measure 3, which would legalize recreational marijuana. Regardless of the outcome, it is evident North Dakota counties need to be aware of the impact marijuana will have on our workforce and communities. Medical marijuana is legal in North Dakota and is expected to be available to individuals yet this year. 
Jo McGuire, a workplace drug and alcohol compliance expert, shared her experiences from Colorado with North Dakota county officials attending the North Dakota Association of Counties (NDACo) Annual Conference. The workshop room was packed with attendees standing along the walls and overflowing out the door. And for good reason, her message was impactful. 
She laid out what Colorado has experienced since the legalization of recreational marijuana in her state in 2014, especially as it relates to impacts in the workplace. 
“There is currently no impairment roadside testing for marijuana,  which has been problematic,” McGuire said, adding that one in five marijuana users reported driving after using marijuana.
To address the misnomers regarding marijuana tax revenue, she said the tax on marijuana has contributed very little to Colorado’s budget. In fiscal year 2016, it was about .5% of the total budget. McGuire said, “The costs have yet to be calculated. The Colorado governor has refused to add up the costs associated with the legalization of marijuana.”
But the main point McGuire wanted to hit home to the North Dakota county officials was the importance of drug and alcohol policies. She emphasized the importance of having those policies written, approved and in place as soon as possible. “Employees think they can use marijuana and their job is safe because marijuana is legal. You, as employers, need to set the boundaries, stand your ground, and hold employees accountable. At the end of the day, it’s all about safety.”  
Over 75% of U.S. employees live in a state where marijuana is legal in some form. McGuire focused on the impact of impairment in the workplace. She listed several statistics to prove her point. Roughly 35% of the industrial injuries that take place in the U.S. involve drugs or alcohol. Substance abusers are responsible for 40% of all industrial fatalities and they are five times more likely to file workers compensation claims. 
McGuire said, “When an employee is impaired at work, not only are they putting themselves at risk but that individual is a threat to the safety of fellow employees or other individuals they may have contact with.”
In addition, absenteeism among substance abusers is significantly higher. McGuire said substance abuse costs small businesses approximately $7,000 a month. That figure seems high, but she backed it up with examples of experiences from Colorado businesses. 
In February 2015, a Colorado company had 12 applicants they identified to interview through the pre-employment process. When the mobile drug test collector arrived at the business, nine applicants walked out. The three remaining applicants completed the drug pre-employment drug screen and one failed, testing positive for THC.  So out of 12 applicants, only two were eligible. 
“Jim Johnson, owner of GE Johnson, said his company has encountered so many job candidates who have failed pre-employment drug tests because of their THC use, he is actively recruiting construction workers from other states,” McGuire said.  

Other businesses have similar experiences. For every 75 people Pate Construction interviewed, only about 15 can pass the drug test. Cannon City Workforce Center reported that it took two months to find three CDL drivers that could pass the drug test. 
Colorado did not cap the potency of marijuana, which means several products available have some of the highest potency in the country.  
“This is not the same weed from 50 years ago. You have to understand how the THC levels have changed. THC is the chemical responsible for marijuana’s psychological effects,” said McGuire. “In the 60’s and 70’s, THC was about 2-3% of the make-up of marijuana; that was the weed of Woodstock. We have long surpassed that and have products in Colorado with up to 90% THC.” 
That being said, McGuire told county leaders they have the opportunity to teach their employees boundaries. She urged all counties to adopt a zero-tolerance policy to include working buzzed, stoned or under the influence. 
She stressed that not only is it important to have these policies, but to enforce them.