CalChamber Commentary: Prop. 19 Jeopardizes Workplace Safety

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‘Actual Impairment' Undefined

Under current law, an employer does not need to prove actual impairment to discipline for alcohol or drug use in the workplace. If Proposition 19 passes, an employee could still be disciplined for alcohol use, but could not be disciplined for marijuana use unless the employer could prove "actual impairment." This term is undefined and untested and an accident may have to happen first before an employer can prove actual impairment.

Other than public safety employees, Proposition 19 would apply to everyone, private or public sector jobs, such as fork lift drivers, nurses and school bus drivers.

In addition, any employer who relies on federal funds that require a drug-free workplace could have the receipt of those funds jeopardized by the passage of Proposition 19.

Workplace Issues

Most news stories discuss only whether marijuana should be decriminalized. It is important to get these workplace issues in front of the voters. I encourage California Chamber of Commerce members to spread the word about how Proposition 19 could jeopardize the safety of your workforce and lead to new employment law litigation, unless it is defeated in November.

Commentary from Allan Zaremberg, president and chief executive officer of the California Chamber of Commerce.