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is <br /> An updated model Non-DOT Drug,Alcohol and Cannabis Policies will be available once legal <br /> consultants have reviewed. <br /> Return to top of page <br /> Q55. If an employee is injured while being under the influence of <br /> cannabis at work, are they still entitled to workers' compensation <br /> z?: <br /> benef its? <br /> F: <br /> F1F% <br /> 3 <br /> A55.while each case is very fact-specific,the general rule is that if the injury was intentionally <br /> self-inflicted or the intoxication of the employee is the proximate cause of the injury,then the <br /> employer is not liable for compensation.The burden of proof of these facts is upon the <br /> employer. <br /> Return to top of page <br /> i <br /> Q56. Can employees be in possession of edibles or other cannabis <br /> products while at work? <br /> A56.Cities may enact policies prohibiting employees from bringing cannabis products, <br /> including edibles,to work.A best practice is for cities to train supervisors about the behavioral <br /> signs and symptoms of drug and cannabis use as well as documenting observations of potential <br /> impairment so should a situation occur in the workplace, supervisors can effectively respond <br /> and document what they observed leading to the situation. <br /> Return to top of page <br /> Q57. Do we need to change anything in our collective bargaining <br /> agreement (CBA) regarding discipline of employees who use <br /> cannabis products? <br /> A57.Maybe. If cities have policies within their CBAs that relate to cannabis use and discipline, <br /> cities should consult with their city attorney to determine if any changes are needed. CBAs may <br /> address cannabis and cannabis testing,but the CBAs must at least meet the minimum <br /> employee rights guaranteed by the statute. <br /> Ensure your city's drug and cannabis-testing policies have been updated and supervisors <br /> ervisors <br /> y p <br /> are trained on the behavioral signs and symptoms associated with impairment as well as <br /> Am <br /> documenting observations of potential impairment. If the CBA includes language that policy <br /> changes need to be negotiated,then there would need to be a meeting with the union if the <br /> city's policy changes. <br /> Return to to of pa e <br /> p g� i <br /> Q58. Can employees use cannabis products off-duty? <br /> A58,It depends. see Q1,Q , and3 for a list of employees who can be prohibited from using < <br /> cannabis products both on and off du due to federal or state regulations. other employees <br /> p � g �- <br /> would be able to use cannabis products while they are off duty, if they are not impaired at f <br /> work.If there are any questions regarding whether an employee could be prevented from using <br /> cannabis products while off-duty,please consult your city attorney before any action is taken. <br /> In addition,the law prohibits an employer from taking adverse employment action against an <br /> employee who is a patient in the state's medical cannabis program unless a failure to do so <br /> I <br />