InOut Labs’ Tim Thoelecke Speaks on Illinois Marijuana Legalization
Rolling Meadows, IL – October 1, 2019 — Tim Thoelecke, president of InOut Labs, was a featured speaker at the “Cannabis Legislation in Illinois and Your Workforce” program, hosted by DSP Insurance. The event provided DSP clients with an in-depth analysis of how Illinois’ marijuana legalization will impact employment policies and procedures. The new recreational marijuana law takes effect on January 1, 2020.
Industry Experts Share Insights
Other speakers included George Klauke, founder of Klauke Law Group LLC, and Peter Gillespie, an employment attorney and partner at Laner Muchin.
Testimonial – click to enlarge
Understanding Employee Drug Testing
Thoelecke opened the session with a history of employee drug testing. He shared statistics on workplace safety and drug use, highlighting key concerns for employers. Detection windows for various drugs and specimen types were also explained. Additionally, he detailed the medical review process to clarify how results are assessed. When it comes to marijuana, a Medical Review Officer (MRO) follows federal law and always reports a positive result.
Workers’ Compensation and Legal Risks
Klauke focused on workers’ compensation claims in Illinois and the standard of proof for impairment. The new marijuana law may lead to more claims. Employers must understand their responsibilities and risks. They also need to prepare for legal defenses if an impaired employee causes a workplace accident.
Employment Issues and Compliance
Gillespie explained how marijuana legalization will affect employment policies in 2020. He discussed potential conflicts with the Americans With Disabilities Act (ADA) and OSHA requirements. The law also modifies the Right to Privacy in the Workplace Act, which changes how employers can test for marijuana.
Illinois’ law includes specific language for identifying impaired employees. Employers must document “specific, articulable symptoms” if they suspect impairment at work.
Key Takeaways for Employers
All Illinois employers should update their substance abuse policies before January 1, 2020 to comply with the new law. A pre-employment drug test that detects marijuana will only confirm legal off-duty use. Some companies will continue testing, while others may stop.
DOT-regulated employees, such as CDL drivers, remain unaffected by the new law.
Training for Supervisors
InOut Labs offers affordable supervisor training to recognize impairment in the workplace. Learn more at training.inoutlabs.com
For more information on drug testing (with or without marijuana), contact InOut Labs at www.inoutlabs.com or 847-657-7900.
