The SCORE 2015 Issue 3 | Page 39

drug policy makes it irrelevant that Coats legally used the drug off the clock. And the Colorado Supreme Court agreed. "Employees who engage in an activity such as medical marijuana use that is permitted by state law but unlawful under federal law are not protected by the (lawful activities statute)," the Colorado justices concluded. The state high court found that Colorado’s medical marijuana law permits registered patients to use marijuana free of the threat of criminal prosecution, but the act does not trump federal law that still classifies marijuana as an illegal substance. Therefore, Dish Network was permitted to enforce a valid drug-free workplace policy. In response to Dish, Karen Harned, NFIB Small Business Legal Center executive director, told NPR: “Businesses should be allowed to have zero-tolerance drug policies. We definitely sympathized with the original plaintiff, but work drug policies are there to protect everyone.” Requiring employers to accommodate patients who use marijuana would compromise an employer's ability to provide employees and the public with a safe workplace. Further, impaired employees miss more work than their drug-free coworkers and are more likely to make mistakes when they are at work. Moreover, organizations that are recipients of federal aid must maintain a drug-free workplace. The penalty for violating the law is the suspension or termination of a particular grant and ultimately, debarment for up to five years from future grants. Next Steps for Businesses Employers do not have to accept employees coming to work under the influence of drugs or alcohol. In fact, employment attorneys and the U.S. Department of Labor advise businesses to adopt a drug-free work place policy for safety reasons. Businesses should take four steps to help ensure a safe and drug-free workplace: 1. Understand your state’s marijuana law(s); 2. Adopt and/or update a drug-free workplace poli