If an employer wants to test their employee for marijuana, the new guidelines state that the employer needs to cite articulable symptoms of impairment for any situation.
An employer needs to observe and prove that an employee’s performance and workplace safety is hindered by the use of marijuana.
The use of marijuana may be prohibited during work hours and breaks as well as not allowing it on the premises.
Drug tests to hire a person are also no longer allowed unless state or federal guidelines say so.
Prohibiting use of marijuana outside of work hours is also no longer allowed.