EMPLOYERS TAKE STANCE ON MEDICAL MARIJUANA

Officials Still Follow Drug-Free Workplace Act

Editor's Note: This is the third in a weeklong series examining the
facets of medical marijuana.

Debates and discussions continue to mount around the issue of medical
marijuana, and employers are having to take a closer look at what is
acceptable and not acceptable regarding it and the workplace.

Most employers say medical marijuana falls under the scope of an
illegal drug within their standard drug policies.

According to City Administrator Steve Rabe, the City of Canon City
adopted the Drug and Alcohol Policy years ago, which strives to
maintain a drug-free workplace as delineated in the Federal Drug-Free
Workplace Act.

"As such, a (city) employee that tests positive for marijuana during
the course of a drug test, either randomly or by reasonable suspicion,
would still be dealt with as having a positive test, regardless of
whether or not an employee is authorized to utilize medical
marijuana," Rabe said. "Likewise, an employee who provides notice to
the City that they are authorized to use medical marijuana would be
informed that the use of medical marijuana would be grounds for
disciplinary action as they would be violating the Drug and Alcohol
Policy."

Under the Family Medical Leave Act, the city employee would have the
option of using up to 12 weeks of leave that is afforded to them in
order to address whatever medical condition they may have, Rabe said.

"They would, of course, need to be alcohol- and drug-free upon return
to work," he said. "For the benefit of our citizens, customers and
employees, the City of Canon City does not tolerate drugs in the workplace."

In regard to county employees, Fremont County Manager George Sugars
said no employee may report for work or remain on duty while under the
influence or impaired by alcohol or any drug or controlled substance.

"That's been our long-standing policy and continues to be our policy
and procedure," he said.

Some county employees include road and bridge workers and law
enforcement personnel.

"At no time shall a county vehicle be operated while any employee is
under the influence or impaired by drugs and/or alcohol," Sugars said,
"including lawful prescriptions or over the counter medications that
may impair or otherwise hinder safe operation of a motor vehicle or
equipment."

Employees of the Department of Corrections must follow the department
of personnel and regulations regulated by the attorney general
regarding the use of marijuana, said Katherine Sanguinetti, public
information officer for the Colorado DOC.

"DOC and state agency employees are not allowed to use medical
marijuana," she said.

St. Thomas More Hospital also complies with the federal Drug-Free
Workplace Act and seeks a work environment that is free from the
negative effects of drug and/or alcohol abuse, Diane Wiersum director
Marketing and Communications said in a release. St. Thomas More
prohibits all drug use and/or possession that violate state and/or
federal law.

Wiersum said the Occupational Health department or designee will
conduct a post-offer, pre-placement drug-screening test on candidates
who receive a job offer or transfer from another Centura Facility. It
is Centura's policy that it is a requirement that each associate
report to work and remain while at work unimpaired by drugs and/or
alcohol.

School districts also are taking a closer look at their drug policies
regarding employees who may show up to work under the influence of
marijuana, even with a registration card.

"It is not something that would be accepted," said Cyndy Scriven,
superintendent for Florence-Penrose schools. "We have a pretty strong
drug policy that says it is not allowed."

Scriven said people -- staff and students -- in schools cannot be
under the influence of illegal drugs or alcohol, and she believes
staff in a school cannot do a sufficient job if they are high on any
type of drug.

"At this time, we have policies that say no, you may not be under the
influences of drugs," she said.

Dr. Robin Gooldy, superintendent of Canon City schools, said the
district already has spoken with the district's attorney about the
issue.

"Our plans are to hold steady to the rules and regulations we have,"
Gooldy said. "It is not allowed at school or at the work site for employees."

Gooldy said while he foresees the issue becoming more of a legal
matter at some point, it is one that every school district and every
employer will have to look at.