August 2016, Vol. 71 No. 8
Features
Legalized Marijuana Creates Workplace Challenges
By Jeff Griffin, Senior Editor
No question about it, drugs in the workplace are dangerous.
Drug use on construction job sites poses risks to the drug user, coworkers, employers and the public that are more serious than in other work environments.
Drugs often abused can include prescription medications and illegal drugs, particularly cocaine, methamphetamine and marijuana.
However, many consider marijuana a less dangerous, acceptable, recreational drug. It is now fully legal in Alaska, Colorado, Oregon, Washington and the District of Columbia. The trend continues to be increased tolerance of marijuana use and possession, with several other states legalizing medical marijuana and others have decriminalizing its possession.
Even so, what does that mean in the workplace? How does it impact those in construction – including utility providers and the contractors who serve them – especially in states where the drug is now legal?
Underground Construction discussed the issue with management personnel from two contractors based in states where marijuana is legally sold. Brandon Kochen is human resources manager for K. R. Swerdfeger Construction, Colorado Springs, CO. Travis Flowers is environmental health and safety manager for Brotherton Pipeline, Gold Hill, OR.
Has the legalization of marijuana in some states caused new problems on construction work sites?
Brandon Kochen, Swerdfeger – We are a based in Colorado construction company where the use of medical/recreational marijuana is now legal. Although we haven’t witnessed major marijuana problems on our job sites, we have been challenged with finding drug-free applicants to fulfill the staffing needs within our company. We also have had an unusually high number of failed drug tests since the use of marijuana has become legal. The types of drug testing our company performs are pre-employment testing, post-accident testing, random testing, reasonable suspicion testing and return-to-duty testing.
Travis Flowers, Brotherton – Brotherton Pipeline has not had any worker/job site related issues regarding marijuana use since its legalization.
What is your company’s policy regarding drug use by employees?
Kochen – Our company does not allow any illegal drug use of any kind, as we fall under the regulations of the United States Department of Transportation’s regulated drug testing program. The department’s Drug & Alcohol Testing regulation – 49 CFR Part 40 – does not authorize the use of Schedule I drugs, including marijuana, for any reason. Federal law preempts any state or local law, rule, regulation or order.
Flowers – Brotherton Pipeline has a zero tolerance policy for all drugs. Federal DOT and PHMSA supersede any state laws; our company policy is reflective of the federal laws.
Are standards for prohibition of drug use all encompassing, or is abuse of prescription drugs, alcohol and marijuana handled differently than “hard” drugs?
Kochen – All illegal drug use is not allowed in our company and all illegal drug use is handled the same. Although recreational/medical marijuana is legal in the state in which we reside, it remains a Schedule I drug and is not allowed under DOT and PHMSA federal law.
Flowers – Our drug and alcohol policy prohibits all drug and alcohol use with equal levels of severity.
How is pot smoking on job sites handled?
Kochen – We have had a couple of incidents. We tested the employees under our reasonable suspicion testing program and the employees did fail the drug test, resulting in termination. A drug program was offered but the individuals declined to participate.
Flowers – We have not had any issues or incidents involving marijuana being consumed in any form on job sites.
Has legalization of marijuana increased job-site abuse?
Kochen – I can’t say for sure if job-site abuse has increased, but I can say that our drug test failure rates have increased significantly since the passing of legalized marijuana.
Flowers – We have not had any worker/job site related issues regarding marijuana use since its legalization. We conducted toolbox training immediately following the legalization of marijuana to offer clarification regarding the drug, alcohol and safety policies of the company, and how we must comply with company standards, as well as federal standards.
Could it be an issue for personnel who legally purchase pot in one state and take it with them to work on a project in another state where possession is illegal?
Kochen – I think this is a potential problem for individuals and employers who operate in states that have yet to legalize marijuana.
Flowers – At Brotherton Pipeline, our workers understand that everyone’s safety and employment is dependent upon a drug-free workplace. Marijuana will not be an issue, whether at home or on the road.
Other comments specifically regarding marijuana?
Kochen – I feel that Colorado’s legalization of marijuana has had a negative impact on our state, our communities and our workforce. I believe it has also impacted economic development in a negative manner.
Flowers – Although there may have been confusion on the subject for many companies, we strive to remain proactive on these matters, through education and training.
Overall, what are the keys to developing and implementing a successful workplace drug program?
Kochen – I would suggest educating current employees and all future potential candidates. Keep up with laws that pertain to your business and the regulations that must be followed.
Flowers – We ensure that all employees receive frequent training and that they review and acknowledge our drug and alcohol program, as well as our disciplinary action program. All supervisors are given annual Reasonable Suspicion Training and we are members of the PTC (Pipeline Testing Consortium) to ensure ongoing random scheduling of accident related screenings, pre-employment screenings and DOT record keeping.
FOR MORE INFORMATION:
K.R. Swerdfeger Construction Inc.,
719-547-0242, www.krswerd.com
Brotherton Pipeline,
(541) 855-7062, www.bplinc.com
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