Chute, O'Malley, Knobloch, & Turcy May 2021

ILLINOIS LEGALIZES RECREATIONAL MARI JUANA USE

How Will This Affect Illinois Workers?

Whenever I travel around the state talking to various groups about workers’ compensation issues, someone always asks me about how legalizing marijuana will impact Illinois workers who can now use it legally. On Jan. 1, 2020, Illinois legalized recreational use of marijuana. The state’s change in drug policy toward cannabis also means workplace protections for cannabis users. Employers can’t discriminate against employees who use lawful products off the premises of their employer during nonworking and noncall hours . That said, employers can continue to adopt and enforce zero-tolerance/drug-free workplace policies. Employers can still discipline marijuana users if the use “impairs an employee’s ability to perform the employee’s assigned duties” through different forms of punishment including termination.

So, how do employers determine if an employee is under the influence of a drug? Employers usually aren’t specifically trained to assess impairment levels of employees for various types of drugs or medicines. Do employers have to be cautious not to violate the nondiscrimination provisions of the law? These questions have all played out in cases this year. The stakes go up when marijuana use is discovered through an employee’s post-accident blood or urine testing. Many companies require a chemical test after a reported work accident, and employees can be terminated without workers’ comp benefits if they refuse. Employers can also deny benefits if they determine that the employee’s intoxication caused the injury. According to the statute, evidence of a certain amount of cannabis in the employee’s system at the time of the accident will determine whether the employee was intoxicated at the time the employee incurred the accidental injuries. The problem is that there is not yet a “legal limit” for cannabis intoxication like there is for alcohol. The measurable level of cannabis that remains in a person’s system can vary greatly, making it difficult to determine how recently they used it and if it caused their injury. Expert testimonies from forensic pathologists, who are asked to speak on the correlation of concentration level to its corresponding level of impairment, are often necessary. So far, this has proven a difficult route for employers to defeat most injured workers’ claims for benefits.

EASY & HEALTHY GREEN RICE

PUZZLE TIME!

This rice recipe is perfect for getting your kids to eat their greens without realizing it!

Inspired by 101Cookbooks.com

Ingredients

1 cup tightly packed spinach leaves 1 cup tightly packed kale leaves, stems removed 1 1/2 cups vegetable stock 2 tbsp full-fat coconut milk

1/2 cup yellow onions, finely diced

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1/2 cup green peppers, diced 1 tbsp extra-virgin olive oil

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3 cloves garlic, peeled and minced

1 tsp kosher salt

1 cup long-grain white rice

Directions 1. In a blender, purée spinach and kale with vegetable stock, coconut milk, and salt. Set aside. 2. In a medium saucepan over medium heat, sauté onions and peppers in olive oil until soft. Add the garlic and cook until fragrant, about 2 minutes. 3. Stir in rice and cook and toast for 1–2 minutes before adding the blended mixture. Increase heat to bring to a boil. 4. Reduce heat to low, cover, and simmer until liquid has evaporated, 15–20 minutes. 5. Remove from heat and let sit for 10 minutes. Fluff with a fork before serving.

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