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WHAT DO OHIO EMPLOYERS SAY ABOUT RECREATIONAL MARIJUANA? AMAZON, GOODYEAR,
HOSPITALS RESPOND

By Kelly Byer and Patrick Williams
USA TODAY Network Ohio


 * The voter-approved initiative to regulate and legalize recreational marijuana
   statewide didn't provide employee protections.
 * Employers still have the right to maintain a drug-free workplace.
 * Most, except Amazon, report a continuation of drug-free policies that include
   cannabis.

It's been busy at Krugliak, Wilkins, Griffiths & Dougherty since recreational
cannabis use became legal in Ohio.

The law firm, which has offices throughout Northeast Ohio, has received calls
and questions, mostly about whether employers have to accommodate a worker's
recreational marijuana use.

"And obviously, the answer to that is no," attorney Scott Zurakowski said. "And
then the question becomes, 'OK, what do I need to do to make sure that my
employees understand this?'"

The law firm's advice is to review workplace policies. Ensure they are clear and
first address "safety-sensitive" roles, such as forklift drivers or
manufacturing positions.



On Nov. 8, the company posted a summary of "what employers need to know" on its
website, kwgd.com.

Last year's voter-approved initiative to regulate and legalize recreational
marijuana ― Issue 2 ― didn't provide employee protections. The Canton Repository
and Akron Beacon Journal asked business leaders and some of the region's major
employers about drug policies and practices, and responses indicated that the
law change did not prompt any significant company changes.



Marijuana policies:Stark sheriff's office, cities not changing marijuana
policies following Issue 2 passage

Some employers who were approached did not provide information about their
policies; Signet Jewelers and TimkenSteel — which recently announced a name
change to Metallus effective in late February — directly declined to comment. No
response was received from The Timken Co., Fresh Mark, Coastal Pet Products,
Walmart, Davey Tree, The J.M. Smucker Co., and Battle Motors.



Among the employers that shared their drug policies ― Amazon, Akron Children's
Hospital, Akron Public Schools, Aultman, the City of Akron, Cleveland Clinic,
FirstEnergy, GOJO Industries, Goodyear Tire & Rubber Co., Kent State University,
Summa Health, Summit County and The University of Akron ― only Amazon has
excluded cannabis from drug tests.




AMAZON SUPPORTS CANNABIS LEGALIZATION

Amazon — which has major distribution facilities in Canton and Akron —
eliminated cannabis from its pre-employment drug tests in June 2021 for all
positions except those regulated by the Department of Transportation or within
Amazon Air. So Ohio's law change won't change the company's policies, said Paula
Morrison, a spokeswoman for Amazon.



"We also reinstated the employment eligibility for former employees and
applicants who were previously terminated or deferred during random or
pre-employment marijuana screenings," states a company blog post from June 2023.

The post details the reasons for that change, such as difficulty maintaining a
nationwide policy when an increasing number of states have legalized cannabis
and a disproportionate effect on communities of color. Eliminating cannabis from
pre-employment drug testing also expands the applicant pool.



Amazon, one of the largest retailers in the U.S., has announced its support for
legalizing cannabis at the federal level, expunging criminal records, and
investing in affected businesses and communities.

"We are enthused by the notable momentum in the country toward recognizing that
today’s status quo is unfair and untenable," the blog post from last year
states. "We look forward to working with Congress and other supporters to secure
necessary reform of the nation’s cannabis laws."


AULTMAN, AKRON CHILDREN'S HOSPITAL AIM TO BE PROACTIVE

Jen Kessel, senior vice president of human resources at Aultman Health
Foundation in Canton, said Issue 2 prompted the health care system to review its
drug policies and monitor news from the statehouse for any potential
modifications. It will continue to be a "drug-free workplace" and has
communicated that with employees, she said.

"Our goal is to remain a drug-free workplace and really provide a safe place for
patients to heal," Kessel said. "That's really our top priority."



Aultman drug tests staff pre-employment, randomly and after an accident or with
reasonable suspicion. Kessel said the company also offers employee assistance
programs to anyone struggling with substance abuse.

"So we do have assistance plans available to them because, certainly, we want to
make sure that any support programs that they need ahead of any issues would be
available to them," she said.

Akron Children’s Hospital also tests all job applicants for alcohol and drugs,
including for marijuana, after giving them a conditional offer of employment,
said Rhonda Larimore, chief human resources officer. If an applicant tests
positive for marijuana, their application is rescinded.

“Also, we do drug test if we have reasonable suspicion that somebody is under
the influence of something, whether it’s drugs, alcohol, based upon — it could
be errors in work, it could be observed behavior, it could be, on a clinical
side, if there’s anything off related to medications,” Larimore said.

The hospital system determines on a case-by-case basis how to respond to an
employee testing positive for marijuana for a screening that was issued because
of reasonable suspicion, she said.



“If somebody comes forward and admits they have a problem or talks about having
a problem when they are tested, we help them go to our employee assistance
program, a rehab program, and as long as they do what they need to do, they’re
permitted to return to work,” Larimore said.




CLEVELAND CLINIC, SUMMA HEALTH ALSO EMPHASIZE SAFETY

Cleveland Clinic spokesman Joe Milicia said drug testing will continue to occur
before hiring and randomly for employees. The hospital system has facilities in
Akron, Canton, Medina and New Philadelphia.

“The safety and well-being of our caregivers, patients and their families is our
top priority," he said in an emailed statement. "As a drug-free workplace,
Cleveland Clinic’s drug testing program will continue to include marijuana. The
program supports our mission to provide a safe environment for our caregivers,
visitors, and the patients we serve.”

Summa Health also performs pre-employment drug tests, including for marijuana,
for all new hires, said Anthony Colly, senior vice president of chief human
resources at Summa Health.



“Our goal is to provide the safest possible setting for employees and patients
while delivering high quality services,” Colly said. “Therefore, all Summa
employees are prohibited from being under the influence of, or impaired by,
alcohol, controlled substances, non-prescription drugs, or prescription drugs,
medicines or substances taken in other than recommended dosages.”

Summa Health will reevaluate its policies following any changes to the initiated
statute, Colly said.


FOR SCHOOLS AND GOVERNMENT, LITTLE CHANGE EXPECTED

Sarah Kelly, the University of Akron’s vice president of human resources, said
there's no avenue of relaxed policies on campus because the state law's reach is
limited.

“Since we receive federal funds, we must have a drug-free workplace policy,”
Kelly said. “Therefore, there are no changes to our policy. Marijuana use is
still prohibited.”

And even though Kent State recently announced new, online-only cannabis
certificate programs, a FAQ page on the university's website also says that
following the passage of Issue 2, nothing has changed regarding the university’s
policies prohibiting marijuana possession and use on campus.



Akron Public Schools’ Yamani Adkins, executive director of human capital, made
clear to employees in November that the district's marijuana prohibitions remain
in effect.

The school system does not make exceptions for medical marijuana use because
many of the positions are safety-sensitive, said Tod Wammes, labor relations
manager.

City and county government administrators also cite safety concerns for keeping
existing marijuana restrictions in place.

The city of Akron’s former interim director of human resources, Christopher
Reece, sent a letter to all city employees on Dec. 7, the effective date of
marijuana legalization in Ohio.

In the letter, Reece said the city will remain a drug-free workplace: “We
recognize that alcohol, marijuana, and drug abuse pose a significant threat to
our goals.”

On the job, Summit County employees are prohibited from possessing or using
alcohol and drugs, including marijuana and prescription drugs that can prevent
them from carrying out their roles, according to the county's substance policy.
Employees who are medical marijuana patients must report that status to their
supervisors and be able to prove a legitimate medical need, That status also
limits the types of jobs these employees can hold.




MANUFACTURERS AND UTILITIES

One local manufacturer was vague in its characterization of the law's impact on
employees.

A GOJO Industries spokesperson provided the following statement: “In December,
when the State of Ohio legalized marijuana for recreational use, we updated our
policy to align with the new law."

Akron-based Goodyear, however, said in an emailed statement that "Ohio’s
marijuana law does not change anything for us. Goodyear is and will continue to
be a drug-free work environment everywhere we operate."

FirstEnergy Senior Communications Representative Will Boye, meanwhile, said in a
written statement: “We are continually assessing the legal landscape and
evaluating our policies to ensure they comply with state and federal laws.
FirstEnergy is committed to a safe work environment, and our policies will
continue to reflect that.”


AREA CHAMBERS ADDRESS QUESTIONS

Faye Roller, vice president of marketing and development at the Alliance Area
Chamber of Commerce, said the office has heard the normal discussions
surrounding the law and questions about how it might affect businesses. The
chamber plans to have attorneys from Krugliak, Wilkins, Griffiths & Dougherty
speak to its board and committees in the coming months.

"But by the second quarter, we may have new revelations in that," Roller said,
noting that the state legislature can modify the law.



Jeff Dafler, president and CEO of the Canton Regional Chamber of Commerce,
emphasized that employers still have the right to maintain a drug-free
workplace.

"Most member companies we have talked to regarding Ohio’s new marijuana law have
indicated they will maintain existing workplace policies regarding drug use and
possession," he said in an emailed statement. "There are many industries in
which safety concerns make the continued maintenance of a drug-free workplace of
paramount importance.”



Reach Kelly at 330-580-8323 or kelly.byer@cantonrep.com.On X: @kbyerREP. Patrick
Williams is a freelance journalist who covers economic growth and development
for the Beacon Journal; reach him at 19pwilliams92@gmail.com.


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