| Course Expiration: |
March 14, 2021 |
| Course Type: |
Contractor |
| Core Credit Hours: |
1.5 |
| HVAC Specific: |
No |
| Energy Specific: |
No |
| Course Type: |
Plumber |
| Professional Credit Hours: |
1.5 |
| Course Name: | Utah Medical Cannabis Act: How it Impacts the Workplace |
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| Course Outline & Objectives: | On December 3, 2018, the Utah State Legislature met in special session and passed HB 3001, enacting the Utah Medical Cannabis Act (the Act). The Legislature approved the bill by more than a two-thirds majority. Later that evening, Governor Gary Herbert signed the bill into law, which went into immediate effect.
The Act creates a process by which patients with a qualifying medical condition may obtain a medical cannabis card upon the recommendation of a qualified medical provider. A medical cannabis cardholder may subsequently purchase, transport, and consume cannabis, in specified limited quantities and in a medicinal dosage form, to treat symptoms of the medical condition. The Act also decriminalizes under Utah law the possession and consumption of cannabis. Even though the Act speaks of medical cannabis and requires licensed physicians and pharmacists to consult with patients, the Act does not equate medical cannabis to a prescription drug approved by the United States Food and Drug Administration.
Although the Act is over two hundred pages in length, it does not specifically state what a private employer may or may not do. The absence of clear direction may ultimately result in claims by employees challenging their employer's practices. The Act does, however, provide guidance to public employers. In a section entitled, Nondiscrimination for Medical Care or Government Employment, the Act requires public employers to treat an employee's use of medical cannabis in the same way the [public employer] treats employee use of opioids and opiates. This requirement does not apply where such treatment would jeopardize federal funding for the employee's position.? (See Utah Code Annotated 26-61a-111).
Based on the absence of prohibitive language in the Act, private employers may prohibit the possession and use of cannabis (medical or otherwise), in the workplace, and may test for the presence of marijuana as currently permitted by Utah law. Additionally, the Act does not preclude employers from imposing disciplinary measures against employees who test positive for marijuana or violate the employer's standards. For employers closely regulated by a federal agency, the Act will not change the employer's obligation to comply with applicable federal law. Consider, for example, Department of Transportation regulations concerning drug test results for transportation employees. The transportation employee's use of medical marijuana, permitted under state law, is not a valid medical explanation for a positive drug test result. See 49 CFR § 40.151(e).
Employers, however, must consider other laws, both federal and state, as they engage with their employees under the Act. For example, the qualifying medical conditions listed in the Act are conditions which will likely trigger protections under the Americans with Disabilities Act (as a disability) and the Family Medical Leave Act (as a serious health condition). Employers must be prepared to properly respond to the requirements of these federal laws when the employer gains knowledge of an employee's medical condition under the Act. In a similar fashion, employers must also consider and properly respond to Utah law requiring accommodations for employees with disabilities. |
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| Course Schedule |
March 28, 2019 |
| Calendar Events |
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Date: 03/28/2019 Location: N/A - Distance Learning Course
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| Keywords: |
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| Location(s): |
Washington
Davis
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| Teaching Method: | Live |
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| Company Name: | Utah Plumbing and Heating Contractors Association |
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| Phone: | 801-307-5500 |
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| Address: | 768 West 1100 South, PO Box 1718, Bountiful, UT 84011 |
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| City: | Woods Cross |
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| State: | UT |
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| Postal Code: | 84087 |
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| Email Address: | dave@uphca.net |
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| The Course Provider is: | a professional association or organization involved in the construction trades |
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| Instructor First Name: | Ryan |
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| Instructor Last Name: | Nelson |
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| Instructor License #: | |
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| Instructor Resume: | Ryan attended law school at the University of Florida in Gainesville?Go Gators! During law school, Ryan balanced his growing family (then at three children), with his legal work as an intern with the Office of the State Attorney and as a law clerk for a construction law litigation firm.
After seven years in Florida, Ryan and his family felt a tug to move closer to home. They relocated to Colorado where Ryan joined a firm in Denver and passed the Colorado bar exam. Ryan?s practice encompassed a variety of areas, but his most significant achievement at this firm was appellate work before the Colorado Court of Appeals and later before the Colorado Supreme Court. His work researching, drafting, and arguing before the courts impacted Colorado law and resulted in two published opinions.
In 2010, Ryan joined Employers Council?s regional office in Colorado Springs as an employment defense attorney. Similar to all Employers Council attorneys, Ryan provided employers with consultative legal advice, with a focus on strategic and practical solutions, in a variety of areas of employment law and human resources. In 2011, Ryan passed the Utah bar exam and began representing Employers Council members in Utah.
In 2015, Ryan and family (now six children) moved back home to Salt Lake City and became part of Employers Council Salt Lake City office. In 2017, Ryan became the Utah President of Employers Council. As Utah President, Ryan focuses on business development and leads an amazing team of employment law defense attorneys and HR professionals who provide advice, representation, consultation, and resources to our member companies.
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