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West Virginia: Medical Marijuana is Here, but so is Greater Drug Testing Flexibility

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July 1 and 7, 2017

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West Virginia is the 29th state to legalize marijuana use in some capacity.  The West Virginia Medical Cannabis Act (“MCA”) permits individuals to use medical marijuana as part of treatment for select serious medical conditions, such as cancer, HIV or AIDS, multiple sclerosis, and so forth. The MCA does provide specific employment protections for certified medical marijuana users.  Employers concerned with maintaining a safe workplace will be relieved to know that the West Virginia legislature followed up the MCA with the West Virginia Safer Workplace Act (“SWA”), which provides employers corresponding flexibility in handling medical marijuana usage.
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OSHA’s Electronic Recordkeeping Rule May Limit Post-Accident Drug Testing

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November 1, 2016

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We reported in June about the Occupational Safety and Health Administration’s (“OSHA”) upcoming Electronic Recordkeeping Rule, which primarily addresses new employer responsibilities for reporting workplace injuries and illnesses. Notably, the Rule also discusses OSHA’s position on post-accident drug testing: “drug testing policies should limit post-incident testing to situations in which employee drug use is likely to have contributed to the incident, and for which the drug test can accurately identify impairment caused by drug use.” (Emphasis added.)

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Ohio Legalizes Medical Marijuana

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September 6, 2016

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In September 2016, Ohio will join 25 other states in legalizing the use of medical marijuana.  Although House Bill 523 permits individuals with a qualifying diagnosis to purchase marijuana in other states and use it in Ohio, the bill also protects employers’ rights to a drug-free workplace by implementing certain provisions.

Key protections for employers include:

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