In his address, “New York State Cannabis 2024 & Workplace Drug Testing,” he cautioned that, with laws and regulations changing almost weekly, companies that operate in states where marijuana is legal—either for strictly medicinal treatment or for recreational use as well—private enterprises have new responsibilities to keep up to date with evolving statues and provisions.

There are some 35 states now permitting medical marijuana, and 23 of them make pot available for recreational use, he explained. “The widespread legalization of marijuana has created safety concerns for employers and insurers in the construction sector, which already has some of the highest rates of workplace injuries in the country.” The drug remains illegal under federal law, and both forms are authorized in Washington D.C.

Dr. Altholz said studies have shown employees who tested positive for marijuana experienced 55% more mishaps and 85% more injuries than workers who tested negative. He added the respiratory problems occur more frequently in marijuana smokers, with a likelihood of greater workplace respirator usage. He cautioned that memory retention problems may lead workers to forget key safety procedures, and he noted that marijuana users are absent and tardy for work 75% more than non-users.

Impairment is defined as a state in which a person’s faculties are reduced so that his or her ability to see, hear, walk, talk and judge distances is below the normal level as defined by the state. Generally, impairment is caused by drug or alcohol use but can also be caused by mental or neurological illness, Dr. Altholz cautioned.

“Directing construction workers to climb up on a roof, scaffolding or to perform tasks where their motor skills may be impaired by the use of marijuana could go beyond problematic,” he theorized.

Employees in some safety-sensitive positions are still barred from using the drug even in states where it has been decriminalized for medical and recreational use, but for most companies in the construction sector, where finding qualified workers can be tough, the situation is exacerbated by the increased usage in these states. “There are several problems now converging. For example, drug-testing protocols that were designed years ago often fail to identify workers impaired by marijuana use,” Dr. Altholz said, adding that proven alternatives are often unavailable or unreliable.

While a growing percentage of states are decriminalizing the substance, it is still against federal law. “The conflicting legal environment has employers seeking ways to determine whether workers are under the influence of the drug in order to stave off workplace injuries and some of the costliest workers compensation claims,” one insurer noted.

Construction employers are familiar with alcohol impairment as a workplace hazard, but identifying marijuana intoxication can be more difficult, as the signs tend to be more subtle. And then there is growing pushback advocating for the rights of users. Some states are putting in place protections for workers who use recreational marijuana outside of work, placing constraints on employers. California, Connecticut, Montana, New Jersey, New York and Rhode Island have enacted workplace protections limiting employers’ ability to test for off-the-job marijuana use, according to the National Organization for the Reform of Marijuana Laws.

As Dr. Altholz forewarned, laws and regulations are changing weekly, placing new challenges on employers and other private enterprises to remain vigilant on the matter of workplace safety.

The state of New York legalized recreational marijuana only three years ago, but the rollout has drawn criticism from many for numerous delays and poor management. Other states have also moved to legalize cannabis, include New Mexico, Maryland and Missouri. Meanwhile, the U.S. House of Representatives passed a bill to decriminalize marijuana two years ago, but it stalled out in the Senate. The Bottom Line: Like alcohol, marijuana is now woven into the fabric of society, bringing new risks.