July 2019
Level With Me By JeremyWyatt
Medical Marijuana and Workers’ Compensation: Moving Targets
This month’s edition of “Level WithMe” features a guest author: JoshMarvel.
courts, and, for the time being, they’ll be decided one at a time. Courts in general will hesitate to intervene in the doctor-patient relationship, so we would expect the trend to continue toward providers being required to pay for medical cannabis. There is some good news for employers: That same bill stipulates that if a worker is injured due to misuse of medical marijuana, the employer is not to be held responsible. Against this changing backdrop, it makes more sense than ever to head off workers’ compensation claims. Ask yourself the following questions. Does your company have a formal, written substance abuse policy? This should be a cornerstone of your onboarding policies and procedures, and it should include pre-hire screening, post-accident screening, reasonable suspicion, and random testing. Further, your Employee Handbook should include an Employee Assistance Program. Employees want to know you’ll be in their corner if they have a problem. Do you review public records, require a background check, and review references prior to hiring? We mean really check references, not just require that they be submitted. Sadly, there are still individuals out there with a track record of trying to game the system. A little homework on your part can help ensure that they don’t become your problem. Does your company require an accident investigation after a work- related injury or incident? If not, get a procedure in place. The process should be thorough and surprise-free to all involved. Does your company have a Safety Committee? This is a great way to bridge the employer-employee tension that can be inherent in
Josh is a Commercial Risk Advisor with Consolidated Insurance + Risk Management based in Owings Mills, Maryland. Armed with a unique background that started as a commercial insurance underwriter, Josh began his career as a Risk Advisor with Consolidated in 2008. Drawing off of his experience, Josh proudly works with clients to align their corporate and risk management goals in a way that will help them stand out in the insurance marketplace. Josh specializes in Business, Strategic, and Hazard risk identification and planning, as well as Experience Mod., rating management, reputation management, and insurance contract reviews. Josh has earned the Certified Insurance Counselor (CIC), Accredited Advisor in Insurance (AAI), and Certified Authority on Workers’ Compensation (CAWC) professional designations. Josh lives in Ellicott City, Maryland, with his wife and son. It’s a conundrum the construction industry continues to grapple with: Everyone wants safe worksites, and that means unimpaired employees. But marijuana is now legal in Maryland for medical purposes, and, to complicate things even further, your workers’ compensation plan may include a requirement to pay for medicinal marijuana for an employee recovering from an accident or injury. Where does the law stand now, and what should you be doing? Here are some answers. The Maryland Senate recently passed a bill that requires workers’ compensation providers to cover the use of medicinal marijuana as part of an employee’s treatment plan. And from there, it gets murky: The bill is not yet law, so cases are pending in Maryland’s appellate
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jwyatt@harrisonlawgroup.com
www.HarrisonLawGroup.com
(410) 832-0000
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