With nearly 10 states considering legalizing medical marijuana, employers need to be aware of the possible impact to their workplace policies. While drug-free workplace policies put in place for the safety of employees and the general public, and to promote a safe working environment, are an obvious concern, marijuana legalization brings additional Workers Compensation considerations that need to be accounted for, as well.

How could your Drug-Free Workplace Policy be affected if Marijuana is legalized in your state?
If medicinal marijuana is legalized in your state but you have a drug-free workplace policy, there could be a conflict. For example, let’s say you have an employee who injures himself on the job. He sprains his foot, and as part of his treatment he is prescribed medicinal marijuana. If this employee is released to do light-duty work but he’s still taking medicinal marijuana for pain management, it could cause a whole host of problems. Yes, according to state guidelines he might be allowed to continue taking the drug for pain management, especially if it’s for a chronic ailment; but you wouldn’t want him to be operating heavy machinery or a motor vehicle while under the influence because of the potential risks that come along with it.

The biggest insurance risk associated with this is Workers Compensation claims. If an employee is legally allowed to use medicinal marijuana for pain management but doing so prevents him or her from returning to work because of a drug-free policy, this individual will have to get paid one way or another. This is where Workers Compensation claims come into play. Having to accommodate for injured workers who take a longer time to return to the job because they choose to use medicinal marijuana for pain management can mean that your Workers Compensation claims will become more costly.

Four Steps You can Take to Combat the Risk
So, what can you do to combat this risk? Be proactive and take the following four steps:

1. Have a clear and detailed drug-free workplace policy: Explicitly state that your business is a drug-free workplace and that you will not accommodate the use of any drug, recreational or medicinal, for any reason whatsoever.
2. Update your drug-free workplace policy: Keep abreast of pending legislation that could impact your existing drug-free workplace policy and make sure they are accounted for. This policy should be a working document that is continually updated when necessary to make sure your company is protected from potential risks.
3. Get your employees to sign-off: Make sure all new and existing employees are informed of your company’s drug-free workplace policy and have them sign off on it so you have documentable proof that they are aware of what the policy is and have agreed to adhere to it.
4. Work with your insurance broker: If this is your first time implementing or updating your drug-free workplace policy, it can seem daunting. To make sure you aren’t overlooking any potential risks, get your insurance broker involved in the process so he or she can provide you with recommendations for how to make sure your policy is as strong as possible.