Cannabis on business/warehouse premises.

[patee333]

What is the name of your state (only U.S. law)? California

Hi, we run a 30+ employee business with about 8 of that count that works in the warehouse with forklifts, loading docks, heavy machinery, etc. etc.
We have reprimanded an employee three times already for smoking weed during business hours on our property. It has effected his ability to function efficiently. We are on the verge of firing him.
However, we have discovered that is not just him smoking it during business hours on the property. If I recall correctly, we cannot instate a mandatory drug test w/o getting their consent first, right? Which means, employees can decline the test. Which can result in their own termination. Which equals more time wasted on hiring and training a new employee.

We were told to set a designated break-room location indoors and outdoors where they are always visible to see if that helps.

Does anyone have any other advice or tips to prevent the warehouse staff from smoking pot?

Thanks

 

[adjusterjack]

I got the following off a website that explains Proposition 64:

Effects on Workplace Drug Testing

Lifted verbatim from the full text of Prop 64, below is a summary of provisions relevant to workplace drug testing.

• Under Section 3 - Purpose and Intent, it is stated that "The purpose of the Adult Use of Marijuana Act is to establish a comprehensive system to legalize, control and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana, including marijuana products, for use by adults 21 years and older, and to tax the commercial growth and retail sale of marijuana. It is the intent of the People in enacting this Act to accomplish the following":

Sub-section (r) - Allow public and private employers to enact and enforce workplace policies pertaining to marijuana.

Employers who do not already have a drug testing policy in place are completely free to build one that explicitly addresses employee marijuana use while at work or reporting for work while under the influence. Existing drug free workplace policies remain in effect in the interest of maintaining employee performance, safety and productivity.

• Additional sections are added to the California Health and Safety Code, specifically Sections 11362.1 through 11362.45. It is stated under Section 11362.45(f) that - "Nothing in section 11362.1 shall be construed or interpreted to amend, repeal, affect, restrict, or preempt: The rights and obligations of public and private employers to maintain a drug and alcohol free workplace or require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growth of marijuana in the workplace, or affect the ability of employers to have policies prohibiting the use of marijuana by employees and prospective employees, or prevent employers from complying with state or federal law.

Prop 64 does not interfere with the rights of employers both public and private, to keep their workplaces drug and alcohol free. They are under no obligation to allow employees to possess, use, display, transfer, transport, sell or grow marijuana in the workplace.

Here is the full text of Proposition 64 from the CA Scty of State:

http://vig.cdn.sos.ca.gov/2016/general/en/pdf/text-proposed-laws.pdf#prop64

I can't imagine why you think you can't mandate no weed in the workplace and just fire anybody who refuses a random drug test.

It's up to you whether you want to rule your workplace or let your employees rule it.