6.1a ERMUSR 08-08-2023 - Laserfiche WebLink

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______________________________________________________________________________ Page 2 of 2 Minnesota’s Legalization of Cannabis: Impacts to ERMU Effective August 1, 2023, Minnesota became the 23rd state in the nation to legalize cannabis use for people 21 and older. Subject to limits, Minnesotans can now possess, use, and grow cannabis for their own consumption. With cannabis now a lawful consumable product, human resources communicated to all employees that ERMU prohibits the use, possession, and impairment of cannabis while at work or operating employer vehicles, equipment, and machinery. Additional expectations related to positions were also discussed. • DOT regulated. Employees required to hold a commercial driver’s license (CDL), as a condition of employment, are regulated by federal law, and those regulations are supervised by the Federal Department of Transportation (DOT). Federal law preempts state law related to cannabinoid use; the DOT has made its position clear, they do not authorize the use of Schedule I drugs, including marijuana, for any reason. As a result, ERMU will continue to follow its drug-testing procedures for CDL holders and may enforce prohibitions against any use of cannabinoids, regardless of state law protections. • Safety Sensitive. Those who have a job, including any supervisory or management position, in which an impairment caused by drug or alcohol usage would threaten the health or safety of any person (Minn. Stat. § 181.950, subd. 13.). ERMU will continue to follow its drug-testing procedures for safety sensitive employees and may enforce prohibitions against any use of cannabinoids, regardless of state law protections. • Non-DOT / Non-Safety Sensitive Employees. Employees are able to use cannabis products while they are off duty, if they are not impaired at work. The new law prohibits an employer from refusing to hire an applicant simply because of a positive cannabis drug test (excluding positions excepted from cannabis testing prohibitions). Therefore, ERMU will remove cannabinoids from the pre-employment drug testing panel for these employees. Non-DOT / Non-Safety Sensitive employees will still be subject to a drug testing panel that includes cannabinoids for reasonable suspicion drug testing. ERMU is working with MMUA to schedule training for supervisors about the behavioral signs and symptoms of drug and cannabis use as well as how to document observations of potential impairment so should a situation occur in the workplace, supervisors can effectively respond and document what they observed leading to the situation. 90