We know every employer has questions about Issue 2. Many employers will want to have a plan going into 2024 for drug policies in the workplace. ClarityHR is here for you to help you navigate the new laws and understand what it means for employers in the State of Ohio.
First let us look at the language of the bill that just passed in the November 7th, 2023, election.
Section 3780.35. Rights of Employer.
(A) Nothing in this chapter does any of the following:
(1) Requires an employer to permit or accommodate an employee’s use, possession, or distribution of adult use cannabis otherwise in compliance with this chapter;
(2) Prohibits an employer from refusing to hire, discharging, disciplining, or otherwise taking an adverse employment action against an individual with respect to hire, tenure, terms, conditions, or privileges of employment because of that individual’s use, possession, or distribution of cannabis otherwise in compliance with this chapter;
(3) Prohibits an employer from establishing and enforcing a drug testing policy, drug-free workplace policy, or zero tolerance drug policy;
(4) Interferes with any federal restrictions on employment, including the regulations adopted by the United States Department of Transportation in Title 49 of the Code of Federal Regulations, as amended;
(5) Permits an individual to commence a cause of action against an employer for refusing to hire, discharging, disciplining, discriminating, retaliating, or otherwise taking an adverse employment action against an individual with respect to hire, tenure, terms, conditions, or privileges of employment related to the individual’s use of cannabis; or
(6) Affects the authority of the administrator of workers’ compensation to grant rebates or discounts on premium rates to employers that participate in a drug-free workplace program established in accordance with rules adopted by the administrator under Chapter 4123 of the Revised Code.
(B) An individual who is discharged from employment because of that individual’s use of cannabis shall be considered to have been discharged for just cause for purposes of division
(D) of section 4141.29 of the Revised Code if the individual’s use of cannabis was in violation of an employer’s drug-free workplace policy, zero-tolerance policy, or other formal program or policy regulating the use of cannabis.
Ohio Laws & Administrative Rules
Ohio Legislators can Continue to Modified the Original Bill
The state legislators in Ohio can continue to negotiating the terms of the new bill. Some of the changes proposed include the number of dispensaries that will be distributed in the state. The State is has debated if individuals can grow, or if they will be allowed to grow, plants for personal use. There will be continued adjustments to the law. They are also debating the tax rates for local and state profits from legal sales of marijuana.
Marijuana became legal on December 7th, 2023. However, the details in how it will happen will take time to iron out.
How Does the New Law Change Your Policies?
As stated in Section 3780.35 for rights of employer, your right as an employer to have a rule against the use of drugs is entirely up to the employer. Depending on the rules and regulations outlined in your employee handbook, employees are required to follow your requirements to retain their employment with your business.
What If You Want to Start a New Workplace Policy Against Substance Use?
In Ohio, business owners can establish a drug free workplace if they follow the guidelines. Employers participating in the Ohio Bureau of Workers’ Compensation’s (BWC’s) Drug-Free Workplace Program (DFWP)
Employers’ Programs Must Implement the Following Components:
- Develop a written policy
- Provide employee education
- Offer supervisor training
- Conduct drug and alcohol testing
- Offer employee assistance
How Can ClarityHR Help with Issue 2?
ClarityHR is here for you to help you follow these guidelines. You do not have to do this alone. Do not Google it. Our team has helped many small businesses establish drug-free workplace programs. It is important to get it right. Contact us today to get started.