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Medical & Legal Marijuana in the Colorado Workplace: An EAP Perspective

Medical & Legal Marijuana in the Colorado Workplace: An EAP Perspective. Chris Knoepke, MSW, LSW, ABD Peer Assistance Services, Inc. Denver, CO. Agenda. Start the Conversation… The Recent Evolution of Marijuana Policy in Colorado Impacts on the Workplace

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Medical & Legal Marijuana in the Colorado Workplace: An EAP Perspective

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  1. Medical & Legal Marijuana in the Colorado Workplace: An EAP Perspective Chris Knoepke, MSW, LSW, ABD Peer Assistance Services, Inc. Denver, CO

  2. Agenda • Start the Conversation… • The Recent Evolution of Marijuana Policy in Colorado • Impacts on the Workplace • Comprehensive Drug Free-Workplace Program • Tabletop Exercise

  3. Starting the Conversation On your own piece of paper, write down how much you agree with the following statements on a scale of 1 to 4 Agree 4 Agree More Than Disagree 3 Disagree More Than Agree 2 Disagree 1

  4. The fact that marijuana is legal (for adults) in Colorado is the largest substance abuse-related threat to employee health and workplace safety

  5. Without state laws prohibiting the sale and use of marijuana, EAPs are powerless to control its impact on workplaces

  6. The fact that Colorado is one of the first places in the world to have these types of marijuana laws means that substance abuse prevention efforts (including EAPs and treatment providers) have no idea how to respond

  7. Colorado as thePetrie Dish for Decriminalized Marijuana “Clearly we are charting new territory, other states haven’t been through this process… recreational marijuana is really a completely new entity, but really the bills we’re signing today really do lay out this new territory,” Gov. John Hickenlooper, 5/28/13

  8. Colorado’s Own History: Workplace MMJ Considerations • Workplace policies: Employers not required to accommodate use (continued in A64) • Discipline & termination for failed tests • Denial of unemployment claims • Lawful Off-Duty Activities Statute C.R.S. §24-34-402.5

  9. CO MMJ in the Workplace: Legal History • Benoir v. Industrial Claims Appeals Office • Coats v. Dish Network h/t Denver Post

  10. How A64 Was Sold to Colorado (aka The Theory)

  11. DUID-MJ • House Bill 1317 established legal limit of 5 nanograms/ml of detectable THC in blood • Blood tests would follow existing protocols used in other drug testing procedures • Implied consent exists, as with alcohol, but limits of physical law enforcement coercion are not clear • 5 ng/ml not considered a “per se” standard, so someone who has been cited could argue in court that they were not impaired at the time

  12. As EAP Providers… • What are your concerns about employee health in light of legalization? • What types of substances do you feel impact the health, wellbeing, and productivity of your employees?

  13. Effects on the Workplace “nothing in this Section is intended to require an employer to permit or to accommodate the use. . .of marijuana in the workplace or to affect the ability of employers to have policies restricting the use of marijuana by employees.” • At this point, employers can still establish Drug Free Workplace Policies • Discipline & termination for failed tests • Denial of unemployment claims • Lawful Off-Duty Activities Statute C.R.S. §24-34-402.5

  14. Drug Free Workplace Programs FIVE Components • Policy • Drug Testing • Supervisor Training • Employee Training • Employee Assistance Program (EAP)

  15. High Profile DFWP: Von Miller and the NFL’s CBA • A bit different in that the drug policy is collectively bargained • Nonetheless, suspended 6 games in 2013 over violations of what’s effectively a DFWP

  16. Employee Drug Testing Schedules All schedules are possible, but individual schedules can be selected according to the individual needs of the company • Pre-Employment (a/o Pre-Promotion) • Random • Reasonable Suspicion • Post-Accident • Follow-Up

  17. Methods of Testing • Urine (most common) • Blood • Saliva and/or breath • Hair • Sweat What are the relative advantages and disadvantages of each?

  18. Drug-Testing Time Table Urine Screenings • Alcohol 1-3 days • Marijuana (light use) 1-5 days (heavy use) 3 weeks +*** • Cocaine 2-4 days • “Downers” 3 days – 3 weeks • Rx Pain killers 2-4 days • Methamphetamine 1-2 days

  19. Tabletop Exercise Congratulations - your groups (at your tables or nearby) have inherited a car dealership! “Ursine Motors” deals exclusively in high-end exotic cars!

  20. Your Company Ursine Motors employs a total of 95 people in several departments: • Management • Administrative • Sales • Shipping/Distribution (who drive cars directly to customers) • Service (including techs who operate lifts, weld, and use other machinery)

  21. If You Were Ursine’s EAP… • What employee concerns might you have related to use of legal and illegal substances? • What types of procedures, structures, etc. would you want the company to have in place?

  22. Your Drug Free Workplace Program Please find copies (provided) of your company’s DFWP – these will help you to outline options for how to respond to various situations Oh yeah – your company has a comprehensive, external, affiliate model EAP, including managerial support, a mechanism for work performance referrals, and short term/referral services for employees

  23. Scenario 1 Jim, a salesperson with 9 years of experience as one of your top performers, begins showing up to work with red, watery eyes and a much-slowed reaction to directions and questions. • Within the confines of your DFWP, what are some options the company has? • What can the EAP do to help?

  24. Scenario 1a Jim, a salesperson with 9 years of experience as one of your top performers, begins showing up to work with red, watery eyes and a much-slowed reaction to directions and questions. When his manager asks what’s going on, he produces his MMJ Card. • Within the confines of your DFWP, what are some options the company has? • What can the EAP do to help?

  25. Scenario 2 Tony, a service technician, is injured while working on his house over a weekend. He has been given a Rx for opioid painkillers which he administers on his own. He comes to work on Monday on time, but is unsteady in his gait-worrying other techs. • What do company policies say about how to handle this? • What role, if any, could the EAP play?

  26. How Could You Improve Ursine Motors’ Policies and Resources? • What to change about the DFWP? • What should they consider in terms of EAP services/structure?

  27. Thank You! Peer Assistance Services, Inc. 2170 S Parker Rd #229 Denver, CO 80231 http://www.peerassistanceservices.org/workplace 303-369-0039 • National Drug-Free Workplace Alliance: http://www.ndfwa.org/ • National clearinghouse for alcohol and drug information: http://ncadi.samhsa.gov/ • National institute on drug abuse: http://www.nida.nih.gov/ • http://workplace.samhsa.gov/WPWorkit/legal.html

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