Implications of Legalized Marijuana for CA Workers’ Comp

California employers have been dealing with the ramifications of legal medicinal marijuana for
years. Now that voters have passed Proposition 64,1 legalizing so-called “recreational”
marijuana use, employers face a new reality of potentially outdated workplace policies,
employee accommodation, and the applicability of drug-free workplace guidelines. Workers’
compensation carriers and self-insured employers in particular must begin to consider the impact
that Proposition 64 may have on claims processing.

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Legal Challenge to OSHA’S Stance on Post-Accident Drug Testing

The Occupational Safety and Health Administration’s (“OSHA“) recent recordkeeping rule primarily addresses a new requirement that many employers will have to upload injury and illness data included on various OSHA logs to an OSHA website for public review.1 That aspect of the rule becomes effective on January 1, 2017. However, this recordkeeping rule also includes a number of other requirements that were scheduled to become effective on August 10, 2016, but have now been delayed until November 1, 2016.2


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