Posted on 11/07/2021 8:49:23 PM PST by markomalley
As New York’s recreational marijuana laws continue to take shape, employers must get used to stowing their assumptions on when and if their employees choose to smoke.
“For instance, marijuana the smell does linger, but that’s not probable cause anymore,” explains Christine Taylor, a partner at Towne Law Firm. “It was the knee-jerk reaction to be like, you obviously are using, I don’t want to employ you anymore, and that can absolutely kind of get you in trouble now.”
Taylor hosts educational seminars where she advises employers on how to proceed in such a rapidly changing environment. The latest update by the NYS Department of Labor outright prohibits employers from marijuana testing either when hiring or on suspicion an employee is impaired.
“Marijuana stays in your system for so long, but now for example, some people had a policy that if someone was hurt on the job, you immediately have to go for a drug test and if you had flagged for marijuana, they would immediately fire you. You can’t do that anymore, because just testing positive for marijuana in your system is no longer good enough,” she explains to NEWS10 ABC’s Mikhaela Singleton.
She further explains such quick judgements could land an employer in hot water in certain cases of discrimination.
(Excerpt) Read more at news10.com ...
OK, so I guess this means I can drive a 100,000 pound vehicle carrying Hazmat and as long as I destroy the vehicle in New York, they can't test me to see if I'm stoned. Right.
Geez.
Legalized cannabis certainly would put the minds of people in a state of easily leading them around without resistance.
Landlord shared of a guy who was high on weed most of the time, but if he wasn’t he’d be a raving lunatic.
I’m a thinking you’re one of those guys who sees the glass as half empty. Just close your eyes and say “serenity now” and things will get better.
In NYC a construction worker can be fired if he is as much seen entering a bar during lunch hour. There is a zero tolerance for any alcohol use. It won’t be long before all sorts of workers, including professionals will be using marijuana while on duty. However it is good to know they will all be vaccinated.
Still you knew this was coming. Mayor Bill DeBlasio used marijuana daily in full view of his NYC police protective detail. These officers, sworn to uphold existing laws, did nothing.
In NYC a construction worker can be fired if he is as much seen entering a bar during lunch hour. There is a zero tolerance for any alcohol use. It won’t be long before all sorts of workers, including professionals will be using marijuana while on duty. However it is good to know they will all be vaccinated.
Still you knew this was coming. Mayor Bill DeBlasio used marijuana daily in full view of his NYC police protective detail. These officers, sworn to uphold existing laws, did nothing.
If nothing else, MJ use on the job should be discouraged because that odor will go from the users clothing and settle into the chair fabic, into the surrounding walls, onto the clothing of other people. That’s an infringement of the co-workers rights...right?
Second hand marijuana smoke...some facts:
https://no-smoke.org/secondhand-marijuana-smoke-fact-sheet/
Facts about secondhand marijuana smoke:
Marijuana smoke is created by burning components of plants in the genus Cannabis.
Secondhand marijuana smoke is a complex chemical mixture of smoke emitted from combusted marijuana and the smoke that is exhaled by the user.
Secondhand marijuana smoke contains fine particulate matter that can be breathed deeply into the lungs.
Secondhand marijuana smoke contains many of the same cancer-causing substances and toxic chemicals as secondhand tobacco smoke. Some of the known carcinogens or toxins present in marijuana smoke include: acetaldehyde, ammonia arsenic, benzene, cadmium, chromium, formaldehyde, hydrogen cyanide, isoprene, lead, mercury, nickel, and quinoline.i
Marijuana smoke contains tetrahydrocannabinol (THC), the active chemical in cannabis.
Health risks of exposure to secondhand marijuana smoke:
Since marijuana is illegal under federal law, there have been a limited number of studies examining health risks associated with marijuana use and exposure in the United States. Health risks from primary and secondhand smoke exposure may also be difficult to determine as marijuana is often used in combination with tobacco.
However, peer-reviewed and published studies do indicate that exposure to secondhand marijuana smoke may have health and safety risks for the general public, especially due to its similar composition to secondhand tobacco smoke.
Secondhand smoke from combusted marijuana contains fine particulate matter that can be breathed deeply into the lungs,ii which can cause lung irritation, asthma attacks, and makes respiratory infections more likely. Exposure to fine particulate matter can exacerbate health problems especially for people with respiratory conditions like asthma, bronchitis, or COPD.iii
Particulate levels from secondhand marijuana smoke are even higher than particulate levels from secondhand tobacco smoke. A study comparing indoor particulate matter 2.5 (PM2.5) levels from secondhand marijuana smoke and secondhand tobacco smoke concluded that “the average PM2.5 emission rate of the pre-rolled marijuana joints was found to be 3.5 times the average emission rate of Marlboro tobacco cigarettes, the most popular US cigarette brand.” Smoking a marijuana joint indoors can produce extremely high indoor PM2.5 concentrations, thereby exposing the public and workers to dangerous secondhand marijuana smoke emissions.iv
On-site consumption of cannabis using electric vaporizers, vape pens, and dab rigs produces a chemical aerosol that pollutes indoor air to unhealthy levels. This diminished air quality was observed when marijuana was not being combusted on-site. Researchers measured high levels of PM2.5 inside a marijuana retailer that allowed vaporizing, dabbing, and vaping marijuana – but did not allow smoking of marijuana or tobacco.v
Significant amounts of mercury, cadmium, nickel, lead, hydrogen cyanide, and chromium, as well as 3 times the amount of ammonia, are found in mainstream marijuana smoke than is in tobacco smoke.vi
In 2009, the California Office of Environmental Health Hazard Assessment added marijuana smoke to its Proposition 65 list of carcinogens and reproductive toxins, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986. It reported that at least 33 individual constituents present in both marijuana smoke and tobacco smoke are Proposition 65 carcinogens.vii, viii
Secondhand smoke from marijuana has many of the same chemicals as smoke from tobacco, including those linked to lung cancer.ix
Secondhand marijuana exposure impairs blood vessel function. Published studies on rats show that thirty minutes of exposure to secondhand marijuana smoke at levels comparable to those found in restaurants that allow cigarette smoking led to substantial impairment of blood vessel function. Marijuana smoke exposure had a greater and longer-lasting effect on blood vessel function than exposure to secondhand tobacco smoke.x
One minute of exposure to marijuana SHS substantially impairs endothelial function in rats for at least 90 minutes, considerably longer than comparable impairment by tobacco SHS. The findings in rats suggest that SHS can exert similar adverse cardiovascular effects regardless of whether it is from tobacco or marijuana.xi
Secondhand marijuana smoke and secondhand tobacco smoke is similar in many ways. More research is needed, but the current body of science shows that both tobacco and marijuana smoke have similar chemical composition and suggests that they may have harmful cardiovascular health effects, such as atherosclerosis (partially blocked arteries), heart attack, and stroke.xii
Particle concentrations from dabbing and vaporizing cannabis can create levels of indoor air pollution similar as those seen in extreme air pollution events like wildfires and severe industrial pollution. Exposure at these concentrations can cause cardiovascular and respiratory disease.xiii
People who are exposed to secondhand marijuana smoke can have detectable levels of THC (tetrahydrocannabinol) in their blood and urine.xiv
Marijuana also can be contaminated with mold, insecticides or other chemicals that may be released in secondhand smoke.xv
Including Marijuana Smoking in Smokefree Public Place and Workplace Laws:
Everyone has the right to breathe smokefree air. Smokefree policies are designed to protect the public and all workers from exposure to the health hazards caused by exposure to secondhand tobacco smoke. The same should be true for secondhand marijuana smoke.
The percent of U.S. adults who use marijuana more than doubled from 4.1% to 9.5% between 2001-2002 and 2012-2013,xvi which may also indicate an increase in exposure to secondhand marijuana smoke.
The American Society for Heating, Refrigeration, and Air Conditioning Engineering (ASHRAE) is the organization that develops engineering standards for building ventilation systems. ASHRAE now bases its ventilation standard for acceptable indoor air quality on an environment that is completely free from secondhand tobacco smoke, secondhand marijuana smoke, and emissions from electronic smoking devices.xvii
In order to protect public health, improve consistency, and aid enforcement, smokefree laws for public places and workplaces should include tobacco as well as marijuana, whether it is smoked or aerosolized. Allowing marijuana smoking in places where smoking is now prohibited could undermine laws that protect the public from exposure to secondhand smoke. The Tobacco Control Legal Consortium issued an informative brief on Lessons from Tobacco Control for Marijuana Regulation.xviii
Smokefree policies provide incentives to quit smoking, help denormalize smoking behavior, and are particularly effective among youth and young adults who are vulnerable to visual cues and social norms of smoking. It is likely that smokefree policies for marijuana will have a similar effect.
As of October, 2021, 813 localities and 31 states/territories/commonwealths restrict marijuana use in some or all smokefree spaces. Of these, 439 localities and 19 states/territories/commonwealths prohibit smoking and vaping of recreational and medical marijuana in one or more of the following venues: non-hospitality workplaces, restaurants, bars, and/or gambling facilities.
In the interest of public health, the use of combustible or aerosolized marijuana should be prohibited wherever tobacco smoking is prohibited.
ANR Foundation’s Position on Exposure to Secondhand Marijuana Smoke:
Marijuana smoke is a form of indoor air pollution. Therefore, ANR, our lobbying organization, includes marijuana within the definition of smoking, and all of our model laws and policies include a prohibition on smoking marijuana wherever smoking of tobacco products is not allowed. Our organization does not have a position on whether marijuana should be legalized; we are committed to smokefree protections from secondhand smoke from tobacco products, marijuana and aerosol from electronic smoking devices.
Nobody should have to breathe secondhand marijuana smoke at work, in public, or where they live. If we want healthy, smokefree air for workers and the public, then products like marijuana and electronic smoking devices (which can be used to “vape” a wide range of substances, including marijuana and hash oil) must not be used in smokefree environments where others are forced to breathe the secondhand emissions.
In the interest of public health, the use of combustible or aerosolized marijuana should be prohibited wherever tobacco smoking is prohibited.
ANR Foundation’s Position on Exposure to Secondhand Marijuana Smoke:
Marijuana smoke is a form of indoor air pollution. Therefore, ANRF includes marijuana within our definition of smoking, and all of our model laws and policies include a prohibition on smoking marijuana wherever smoking of tobacco products is not allowed. ANRF does not have a position on whether marijuana should be legalized; however ANRF is against smoking in ways that harm other people. In states where marijuana is legalized, marijuana use should be prohibited in all smokefree spaces.
Nobody should have to breathe secondhand marijuana smoke at work, in public, or where they live. If we want healthy, smokefree air for workers and the public, then products like marijuana and electronic smoking devices (which can be used to “vape” a wide range of substances, including marijuana and hash oil) must not be used in smokefree environments where others are forced to breathe the secondhand emissions.
May be reprinted with appropriate credit to the American Nonsmokers’ Rights Foundation.
Copyright 2021 American Nonsmokers’ Rights Foundation. All rights reserved.a
For more information, visit https://nonsmokersrights.org/marijuana-smoke or call us at 510-841-3032.
We had a likable young telecomm engineer who lived the Rastafarian lifestyle, he was good when he was in “the zone” the dreadlocked guy could program some stuff.
they fired him cuz he could not figure out a tape measure in a matter of weeks, blown out of his mind at work.
I used to warn interviewees who I suspected were dopeheads that, as a Federal contractor, they would be subject to random drug testing and that even CBD was not allowed...despite the fact that dope was legal at the state level. ("Not that I or the company care, mind you. Just warning you in case it comes up...nothing we can do about it")
Most were totally bummed out, man.
I won’t knowingly hire a tobacco smoker, vaper, or chewer; nor someone that uses pot. Don’t like it, tough, I don’t live in New York anymore, am in a right-to-work state.
yer a kind man and fair.
you could not use mint snuff where I worked in a right to work state but they force you to submit to CRT training or lose your job.
Not really. It's a pain in the ar$e to process a security clearance revocation. It's also a pain in the ar$e to have unemployment insurance go up because of having to lay somebody off. Further pain in the ar$e to pay to recruit twice for the same position when we don't need to.
I just use a legal and "nice" method to let those candidates rule themselves out rather than risk a lawsuit by doing it for them (discrimination lawsuits are popular were, at least, popular in the Freak State)
I feel yer pain, I have been cut by both sides of the blade.
Don't you just love it how rhetorically skilled experts in jurisprudence are? How finely honed their reasoning powers are?
Regards,
I smoke two joints before I smoke two joints, and then I smoke two more...
Even medicinal marijuana should be kept out of the workplace. However, there are sober people whose performance levels leave something to be desired by their employers, and if an employee merely has a reasonable amount of THC show up in a drug test due to previous use then I would think that “zero tolerance” is only a good way for some HR departments to shoot their employers in the foot.
So you gonna tell insurance companies? Because they drive a lot of policy decisions by companies.
Most promote zero tolerance of drugs and alcohol.
OK, so I guess this means I can drive a 100,000 pound vehicle carrying Hazmat and as long as I destroy the vehicle in New York, they can’t test me to see if I’m stoned. Right.
= = =
As long as the people you smash are stoned too.
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