Navigating Employee Cannabis Use in the Workplace

eo Care in partnership with HR.com hosted an Employee Cannabis Use – Prevalence, Implications & Solutions webinar for HR professionals where we reviewed the prevalence of cannabis being at an all-time high, the risks of unguided use, and the benefits of employers offering health & wellness support in the form of clinically guided essential cannabis guidance for critical illnesses such as cancer, as well as symptom support, such as pain management, anxiety, and sleeplessness; resulting in improved workforce health, job satisfaction, and increased productivity.

Q. Currently cannabis use has become very prevalent at work since legalization. This has been very hard for managers to navigate. I would like to learn what policies companies are putting in place?
A. Best practices are to establish an HR policy that is general for the company, and specific for divisions and roles that are guided by state, location, job duties, etc.  It is very important to consider specific employee populations from both the health and benefits needs but also from a risk mitigation perspective.

Q. How are other companies dealing with the challenges of this issue?
A. Companies are taking a very measured approach by recognizing that their employees are cannabis users and are identifying high-risk jobs (such as delivery drivers) and how they can be affected by cannabis use.  Companies are considering the health of their employee populations and identifying those most likely using cannabis for health reasons. Finally, they are analyzing the benefits associated with offering clinical cannabis use guidance to determine if this is a benefit right for their employees.

Q. What are the best practices for employers?
A. Speak with other employers considering and offering similar health and wellness support for their employees. We are establishing an employer's cannabis working group. If you are interested in participating or learning more, just email us at employers@eo.care.

Q: How do consumers find a doctor that is knowledgeable of appropriate cannabis management?
A. eo Care has deep experience counseling employees with cannabis use. Our clinical team has seen over 18,000 patients over ten years. Our tele cannabis coaches, since 2017 have fielded over 72,000 1:1 sessions; have 4000 members participating in cannabis research with Johns Hopkins.

Q: What about mitigating risk for employers?
A. eo Care connects you to expert guidance. We work with some of the nation’s top law firms, such as Foley Hoag, that are legal and compliance experts about the complex legal landscape of cannabis and the workplace. Get the support that you need by scheduling a complimentary consultation.

Q: Can HR legally separate employees that use cannabis for medical and recreational reasons and will there be different consequences for these two types if they test positive for THC?
A. eo care supports cannabis use for medicinal reasons only.  There will not be different consequences for medical or recreational use.  There are only consequences if on-the-job impairment can be proven.  There are HR best practices that we can share to train your staff and also update your employee handbook. Simply, you need factual examples of impairment documented and witnessed by a minimum of two people while the individual is at work.

Q. How does an employer navigate the process when you suspect an employee is working while under the influence, even though it is legal in the employer's location?
A. This starts with your HR Policy. Being under the influence of cannabis on the job is very cut and dried. So if you have a way to test "under the influence" and have witnesses then implementing a zero-tolerance policy will work. If you cannot prove under the influence at the workplace but just have a positive test that is more difficult. In either case, we as HR professionals want to take the opportunity to educate and help staff, so you may consider a cannabis education protocol/certification where the employee needs to complete an educational curriculum in conjunction with a wellness or EAP solution.

Q. Most of our roles (90%) are drivers - trucks, forklifts, and machine operators - to us, cannabis seems like a danger we do not want to allow. How would you address this?
A. The opportunity with employees in high-risk roles is one of risk management. We recommend proactive cannabis education that all employees in high-risk roles must complete and sign that they understand the risks. This we believe is far better than ignoring the issue. In addition, we suggest a solution that they can reach out to if they have questions or concerns - like cannabis EAP or Wellness. If you are in a state where cannabis is legal you cannot test your way out of it - although it will help to regularly test people as a point of vigilance. However, as we just discussed without proof of being under the influence - the courts will likely find the test inconclusive as to when the employee was impaired.

Q: If we want to include a voluntary employee benefit option for our employees, please talk about how eo will support this effort.
A. eo has a worksite solution.  We can offer eo care through your voluntary enrollment platform.  It will be employee paid and eo would receive payment from your voluntary enrollment platform.  Exactly the same way that Voluntary Life, AD&D, etc. are deducted and submitted to the insurance carrier.  eo will provide communication support including emails, educational seminars, asking the doctor, and other proven methods to engage and educate employees about this important benefit.

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If you have specific questions, let us know here. eo care is committed to helping employers navigate the health and wellness landscape of clinically guided cannabis support.