Learn how to navigate through the difficult issues which arise with an employee using medical marijuana in today’s episode with labor attorney Philip Siegel. We discuss what an employer can and cannot do without running afoul with the ADA or state disability discrimination laws when an employee is a registered medical marijuana user.

What you’ll hear in this episode:

  • Overview of the ramifications of legal medical marijuana laws for contractors
  • State-specific issues
  • The language of the law: why it’s confusing for contractors
  • Why “impairment” is a big issue
  • Can you fire someone for medical marijuana use if you have a zero-tolerance policy?
  • The best advice: Have your supervisors well-trained in drug awareness
  • Why the Americans with Disabilities Act does NOT protect the use of medical marijuana
  • The difference between doing federal work and being under state laws
  • Why employers may NOT want to drug test
  • Why you as an employer MUST have a drug-testing policy
  • A post-accident drug testing policy
  • The Anti-Retaliatory Provision under OSHA
  • Can you take action against an employee for off-duty behavior?
  • The “Yes, but” answers
  • What contractors can do to eliminate the risk:
    1. Have a policy
    2. Address discipline, but beware of a zero-tolerance policy
  • Philip’s retainer program for roofing contractors


Call Philip: 404-522-1410

Email Philip: pjs@hpsslaw.com

Visit the website: hpsslaw

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