With major changes taking place in Washington, workplace safety professionals have been closely monitoring the potential effects these shifts could have on employee well-being. From a new administration in the White House to the start of the 119th Congress, many questions remain about the future of workplace safety regulations, including how cannabis-related policies might evolve. Here’s what you need to know to stay ahead of any changes that could impact safety at your workplace.
A New Era in Washington: What Does It Mean for Workplace Safety?
The 119th Congress kicked off with Republicans holding a narrow majority in the House (218 to 215, with two vacancies), while they gained control of the Senate as well (49 Republicans to 47 Democrats with four independents). At the same time, the White House has issued dozens of executive orders addressing both domestic and international issues, including workplace regulations that could impact how companies manage employee safety.
For those in charge of workplace safety, including cannabis-related safety policies, this shifting political landscape presents both challenges and opportunities. To help navigate the uncertain regulatory waters, we consulted with experts in labor and employment law to provide insights on what employers should prepare for in the coming months.
Impact of Potential Changes in OSHA Regulations
Under the Biden administration, the Occupational Safety and Health Administration (OSHA) proposed new rules and emphasized specific safety programs. The question now is whether those initiatives will continue under a second Trump administration.
According to Daniel Birnbaum, a labor and employment attorney, the answer is likely to be a “rollback.” Already, OSHA has ended rulemaking related to COVID-19, and there are discussions about potentially rescinding other safety rules, including those addressing workplace violence and heat illness.
What’s Next for Cannabis Safety in the Workplace?
As the regulatory environment evolves, employers in industries related to cannabis must stay vigilant regarding potential changes that could affect workplace safety policies, particularly concerning employee marijuana use. While many states have legalized recreational and medical cannabis, it’s important to understand how these changes may intersect with federal regulations and safety standards.
Birnbaum anticipates that while federal enforcement of cannabis-related workplace safety regulations might be relaxed under the new administration, certain state-level regulations—especially those concerning workplace cannabis use—could become more stringent. Employers will need to stay informed about evolving state laws to ensure they are in compliance with local regulations regarding cannabis use in the workplace, whether for medical or recreational purposes.
How Should Employers Adapt to Changing Immigration Enforcement?
Immigration enforcement is also likely to intensify, particularly in industries where cannabis production and distribution are heavily regulated. For cannabis businesses, which often operate in states where cannabis use is legal but still face federal scrutiny, the changing landscape of immigration laws could add an extra layer of complexity.
David Jones, an immigration law expert, suggests that employers should prepare for a renewed focus on workplace immigration audits and enforcement. This could include everything from routine I-9 audits to more serious actions like Immigration and Customs Enforcement (ICE) raids, which can disrupt business operations and affect employees who may not have proper documentation.
Proactive Measures for Employers: Compliance and Cannabis Safety
While some changes may be on the horizon, employers can take steps to ensure the safety of their workforce, especially as cannabis-related issues gain prominence. Some key actions include:
Cannabis Use Policies: Develop clear workplace policies regarding cannabis use, especially for employees in safety-sensitive positions. This is particularly important in states where cannabis use is legal, as employers must balance safety concerns with legal rights.
Training and Education: Ensure that all employees, especially managers and HR personnel, are trained on cannabis-related safety issues, including recognizing signs of impairment, understanding state-specific laws, and managing potential workplace safety risks.
I-9 and E-Verify Compliance: Regularly audit employee records to ensure that all employees are legally authorized to work. In light of potential immigration enforcement, this is an important step for all employers, including those in the cannabis industry, where workers may be subject to heightened scrutiny.
What’s on the Horizon for Federal Cannabis Regulations?
Though cannabis remains federally illegal, many states have enacted laws legalizing both medical and recreational cannabis use. However, the changing political landscape in Washington could lead to a shift in how these regulations are enforced, particularly in the workplace.
Employers should be aware that any changes in federal policy could affect the safety and well-being of employees who use cannabis, whether for medical reasons or recreational purposes. Cannabis use, particularly in safety-sensitive roles, raises concerns about employee impairment and its impact on workplace safety. It’s crucial for employers to stay updated on potential new federal regulations that might impact how cannabis is regulated in the workplace.
Looking Ahead: How to Stay Prepared for Changes
As the new administration settles in and new policies unfold, employers must stay agile in adjusting their workplace safety policies to comply with any regulatory changes. This includes monitoring shifts in OSHA regulations, immigration enforcement, and cannabis-related workplace safety concerns.
While it’s impossible to predict exactly how these changes will unfold, what is clear is that a proactive approach to workplace safety is essential. By keeping safety a top priority, monitoring regulatory developments, and ensuring compliance with both federal and state laws, employers can create a safer work environment for all employees, regardless of the political climate.
