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Marijuana -intoxication based -on behavioral observations; Keep in mind, :employers may prohibit all employees from;�eing under the influence while the employee is working. That would include employeeswho:operate vehicles. Employers may want to revise their policies to clarify that employees still may not be under the influence* of cannabis,. legal or otherwise, while. at work. The. -National Drug -Free Workplace Alliance Qffers a toolkit to help employers work through the complex and.confusing issue of marijuana and the workplace. Q22. Can we still prohibit employees f rom being under the influence of cannabinoids while at work? Does the League have a model policy with updated language? A22. Yes, einplgyers. can continue to prohibit employees from being under the influence of cannabinoid products, including edibles, while -at wpik.. Although employers' obligations and. restrictions related to marijuana use vary widely across the states, there is no law we are aware of that requires employers to allow cannabinoid use durring work hours or to allow a'n employee to report to wotk:impaired. Thus, employers may continue to maintain drug -free policies at the workplace and discipline employees who use cannabinoids during working. hours or who report to work. impaired: In fact,: -one .could argue that under the Occupational Safety an Health Administration's _(Q ) General .Duty„ Clause of the OceupatigUal..Safety and Health Act, employers are. required to furnish a wworkplace free from .recognized hazards that. " are.likely to cause serious:physical*harm. This provision of the -Act is typically used in accident c4ses.where toxicology screens are positive. Ogtlks new: -.electronic recordkeeping rule, clarified on 1111/2019; states "If the employer chooses to use drug testing to investigate the incident,. the employer should test all employees Whose conduct oould have.eootributed to the: incident; notjust�employees.who reported injuries, 'with respect to using drug testing to. evaluate the root cause of a workplace incident that harined:ox could have. harnied*employees. Thus, -if a city has a non -DOT drug -testing policy in place, a protocol -following this &Id;Lnce is important. The League. has a Non -DOT,. g and Alcohol Testi g.,and Drug -Free Workplace Act model poi_ icv-tliathas been updated initially, and will be eontinuallyupdated as the League learns more. Q23. can employees be in possession of edibles or other cannabino.id products while at work? A23. Cities may enaictpolicies projaitingerhployees-from bringing earinabinoid products, including edibles, to work.