ACA Letter to the Task Force on Marijuana Legalization and Regulation

On September 21st, ACA sent a letter from our Chair Paul Verhesen expressing concerns regarding the legalization of recreational use of marijuana in 2017. ACA recommended the following be in place prior to legalization:

  • Legislation should be enacted to:
    • Confirm that, provided appropriate scientific, medical, assessment, rehabilitation, protection of privacy, and investigative programs are in place, the employer’s responsibility to ensure workplace safety trumps the rights of workplace personnel. Provided that the employer has appropriate site access, random testing, post-incident investigation policies in place, and followed appropriate procedures, protect employers from human rights complaints or litigation arising from implementing these policies and procedures.
    • prohibit the possession and use of marijuana on or near construction sites
    • prohibit the possession and use on or near construction sites of any substance or device intended to tamper or effect testing of marijuana use or impairment
  • Tools are available to employers to assess impairment and that until research provides clear cut thresholds or other measures of impairment, an employer’s reasonable presumption of impairment prevails
  • Tools are in place to determine when addiction is effectively treated, such that individuals can be reemployed at construction sites. Until research provides clear cut measures to determine effective treatment, an employer has the right to refuse reemployment

You can read the letter here.

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