News

Ohio and the Legalization of Marijuana: What Employers Need to Know

Recently on June 8th, Ohio passed legislation legalizing the use of medicinal marijuana, becoming the 25th state to do so. This law became effective on September 6th. Physicians are now able to recommend medicinal marijuana to individuals diagnosed with a number of qualifying conditions and diseases, including Alzheimer’s Disease, Crohn’s Disease, Cancer, Glaucoma, and Tourette’s Syndrome. Though the use of medical marijuana is now legal, the smoking of marijuana is still prohibited. Qualified users may consume marijuana by edibles, vaporizers, tinctures, patches, plant materials, and oils. Marijuana cultivators, processors, dispensaries, laboratories, and registration of physicians all must have state licensure.

For the Department of Justice, the legalization of medical marijuana means that they will no longer attempt to prosecute medicinal marijuana distributors or challenge state laws. But what does this mean for employers?

Employers are protected by several of the law’s safeguards. For example, employers do not have to permit or accommodate employees’ use, possession, or distribution of their medical marijuana. Additionally, employers can refuse to hire, discharge, discipline, or take on other adverse employment action to an employee’s marijuana use, possession, or distribution. Employers’ rights remain to establish and enforce drug-free work policies, and employees and applicants may not sue employers for adverse action based on medical marijuana use. Formal drug-free workplace programs are also welcome, where employers have a “Just Cause” to discharge an employee for violating a drug-free workplace policy involving medical marijuana. This means the discharged employee would be ineligible for unemployment compensation. Lastly, employers may defend against workers’ compensation claims if medical marijuana contributed to or resulted in an injury.

While Ohio has passed groundbreaking legislation along with 24 other states, employers can rest assured that they are still protected under the state law’s safeguards. For specific cases in question, please consult with your legal advice.

Sources: CSHRM

/ Print
Posted by Sandra Shinn in General

Comments


Be the first to comment
Name*
E-mail*
Website
Comment*
1 Pending Comments
 Keep me updated of follow-up comments!
Most Recent

By Sandra Shinn
September 21, 2017 Category • General

Employers: Have you heard about the Ohio Houses House Bill 187? Its proposal is to protect the privacy of employment applicants; however, it could also make the hiring just a little bit trickier you. House Bill 187: According to 2017 BARNES THORNBURG LLP, House Bill 187 provides that no employer may request an applicants Social Security Number, date of birth, or drivers license number before making an offer of employment. The Problem: You might already see why this new bill could be frustrating for employers. These are the key pieces of information employers and Consumer Reporting Agencies (CRAs) use to check criminal records, driving history, credit history, previous employment, and more. The bill does state that an employer may obtain information for these background screening reasons, but this is unrealistic because it forbids employers from providing this information to third parties, like us. If House Bill 187 becomes law, employers will undoubtedly have to begin

By Sandra Shinn
September 06, 2017 Category • General

In this weeks blog, Pre-Check is sharing employment updates from the Department of Homeland Security (DHS) and Social Security Administration (SSA). The DHS focuses largely on federal preparations to deal with terrorism while trying to manage other duties, including border security, customs, and emergency management. The SSA is the government agency that administers the social insurance programs of the United States. They cover a wide range of social security services, like disability, retirement, and survivors benefits. The updates below come from the Best Practices Committee and will impact employers and their end-user clients. SSA has a revised Form: Form: https://www.taxverification.com/form_SSA-89.pdf An updated Consent Based SSN Verification Form SSA-89 (Rev 04-2017) from the SSA was released on 6/26/17. You have until year end to make the transition to the new document. What does this mean? CBSV is the superlative personal identifier validation methodology as it matches

By Sandra Shin
August 22, 2017 Category • General

Why Run an International Background Check? Many times, employers and hiring managers find themselves with job candidates who have lived abroad, or perhaps they may even have satellite locations in other countries. In these cases, international background checks are necessary for pre-employment screening. And as international job candidates become more and more common, international background checks become more important. Especially as criminals continue to cross international borders. An international background check will allow an employer to make a more informed hiring decision. Using a CRA Choosing a credible Credit Reporting Agency (CRA) is always an important factor in your typical background screening process, but it can be even more crucial when running an international background check. This is because international background screening is much more complex; CRAs must be aware of each countrys own laws and process governing what information can be legally obtained, how it can