Employers throughout the Mahoning Valley are preparing for the potential legalization of recreational cannabis use, which would be adopted if Ohio’s Issue 2 passes in the Nov. 7 election.

The proposed law, which would commercialize, regulate, legalize and tax adult-use of cannabis in Ohio, would lead to changes in human resources and personnel policies in the state.

Tony Fiore, director of governmental affairs for the Ohio Strategic Human Resource Management State Council, said one problem that could plague employers if the issue passes would be employees showing up to work under the influence of marijuana.

Fiore said that although recreational use of marijuana would be allowed if Issue 2 passes, employers still would have the right to have “zero-tolerance” drug policies. He compared the issue to alcohol, saying while it is legal for those over age 21 in the U.S. to consume the substance, most employers don’t allow an employees to show up to work drunk.

“They’re not going to have to accommodate employees who use marijuana and can discipline or refuse to hire them even if Issue 2 passes,” Fiore said. “Just because recreational marijuana would become legal in the state, it doesn’t mean you can show up intoxicated or impaired into the workplace. Issue 2 has clear guidance that employers can continue to have zero-tolerance policies, they can still have drug testing policies, and they can still prohibit on-the-job use.”

Fiore added another concern of HR professionals is a feared shortage of workers. With a lack of employees in almost all areas of work, employers who continue a zero-tolerance policy will limit their potential hiree pool.

“That’s one thing, because there is a shortage of workers in a number of different industries,” Fiore said. “So being able to bring someone on board, especially if the employer has a zero-tolerance policy, is pretty important to them. That is probably the biggest issue that they’re facing right now.”

Fiore said the Ohio Society for Human Resources Management State Council will provide guidance on its website for HR professionals and employers.

“It’s an initiated statute, so I think by and large, employers and HR professionals are protected with their existing drug and alcohol policies in the workplace,” he said. “But, we’re also recommending people review those to make sure that if it’s tailored right now to medical marijuana use and not marijuana use in general, they may want to think about amending their policies.”

MAHONING COUNTY

Human Resources Director Karen U’Halie said the county will take its direction on matters regarding Issue 2 from CORSA (County Risk Sharing Authority), the county’s risk management agency and insurance provider.

U’Halie said the county has a zero-tolerance policy when it comes to being under the influence of drugs or alcohol at work. According to the county’s drug and alcohol policy, “employees who are using medical marijuana as authorized by Ohio law are not exempt from this policy in any way.”

John Brownlee, the managing director of property and casualty insurance for the County Commissioners Association of Ohio, which CORSA is a program of, said the association will provide guidance to counties such as Mahoning and Trumbull. However, the decision of how to handle Issue 2, if it passes, will be up to local authorities.

“We went through this when medical marijuana passed as well,” Brownlee said. “If Issue 2 does pass … we will issue to our HR people some guidance, but it’s strictly guidance. It will be up to the local legal counsel, which in Mahoning County’s case would be the prosecuting attorney, on how to handle the HR issues.”

Brownlee said one issue that could arise locally would be with federally regulated employees, such as those who operate vehicles with a commercial drivers license.

“Marijuana is still a scheduled 1 narcotic in the federal government,” Brownlee said. “From a CDL holder’s perspective, they’ll have to take guidance from the federal government.”

TRUMBULL COUNTY

Trumbull County officials said there are several variables that would have to be considered if Issue 2 passes.

“HR will keep a close eye on legislation and partner closely with the county’s labor and human resources consulting firm, Clemans, Nelson & Associates,” Alexandra DeVengencie-Bush, HR director for Trumbull County,said in a written statement.

As it stands now, county employees who use marijuana with a valid medical prescription are not exempt from the county’s drug and alcohol use policy. The use of marijuana in any form, with or without a prescription, is treated the same as the use of any other Schedule 1 controlled substances, or illegal drugs, in the county.

DeVengencie-Bush said as many state laws have grown more permissive of medical and recreational marijuana in recent years, workplace testing has changed as well.

If Issue 2 passes, DeVengencie-Bush said HR would need to determine what the county’s standards would be for preemployment screens, post-accident screens and reasonable suspicion while on work time.

“One potential route could be, rather than testing for general use, to establish a monitoring system to detect impairment in the workplace,” she said. “This approach also presents challenges. Given that cannabis can linger in the system even after 30 days of non-use, drug testing is not a reliable indicator of active impairment from cannabis.”

With many unknown variables surrounding the issue, the county’s HR department has the topic in its foresight, but cannot yet determine the need to establish new cannabis screening practices.

“The board of commissioners via HR , should they choose to revisit the subject if passed, would potentially revisit current policy and this would all be dependent on a variety of factors, including, but not limited to federal and state laws,” DeVengencie-Bush said.

Lou Rossi, executive secretary for human resources for Warren, said his department is reviewing city policies in conjunction with the law department in the event that Issue 2 is passed.

EMPLOYER SPECIFIC

Ultimately, for more employers, the decision of how to handle recreational marijuana will depend on the type of job.

“From the employers’ standpoint, there’s always going to be a little more caution and heightened awareness of those safety sensitive positions,” Fiore said. “Like individuals who are driving commercial vehicles, individuals that are operating heavy equipment, individuals that are operating a crane or other type of machinery that if the operator is impaired, they could injure others or themselves.”

Fiore said HR departments that already have policies in place for medical marijuana should not have much of an issue determining what to do if Issue 2 passes.

“I think that for employers, treating this like alcohol, if it becomes legal, then employers who have already been going down that path with medical marijuana, they can maintain almost the same type of policies that they have in place today,” he said. “I think medical marijuana has helped push their policies in the right direction to be able to react rather quickly to recreational marijuana.”

mcole@tribtoday.com