Roofer Show

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