It is evident that California’s new recreational use of marijuana would impact the company’s staffing strategy. As the new Director of Human Resources for a California company, I will have to come up with measures that would facilitate staffing. The staffing process will show guidelines and regulation regarding marijuana use. Even if the company tolerates the off-duty use of marijuana, it might be challenging to assess the current intoxication if an employee is suspected to be under the influence at work. Evidently, I will have to take into consideration the legalisation of the recreational marijuana. Studies have shown that marijuana users tend to have adverse outcomes including increased employee turnover, workplace accidents and absenteeism which points towards zero tolerance as a lower risk option.
Based on the fact that the workplace is at an elevated risk and the worker population has a higher likelihood of using, the most suitable staffing strategy to be employed would emphasize on zero tolerance. Using zero tolerance option, any slight positive drug test whether for medical or recreational medical use would results in the employment action as defined in the company’s policy. Only those employees who do not use marijuana would be solely considered during a selection process.
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It is true that the courts in California have upheld employee’s rights to have a policy against illicit drug use whether for recreational or medical purposes. Therefore, the legalization of recreational marijuana would be addressed in the company where the policy would be developed, and it would include medical and recreational marijuana use. Under the Cannabis acct, marijuana use would be an ‘after-hour’ activity; however, employers have the absolute right to ban it from the workplace. Since the company would adopt a zero tolerance, the policy would spell it clear that its use would not be tolerated and this would imply no use even for medical or recreational use. Arguably, any possible exception that might be allowed past zero would be disastrous and might become a legal quagmire. Employees would be informed that a retest would be performed and any use of marijuana would result in termination or employment action.
