The Smoking on the Job War heats up!!! Read this.

[JackTheGrower]

http://www.fresnobee.com/2010/08/12/2039308/calif-chamber-pot-law-would-allow.html#ixzz0wXtuwNrI

SAN FRANCISCO -- Supporters and opponents of a ballot measure to legalize marijuana in California are dueling over the law's possible effects on employers and the workplace.

The California Chamber of Commerce claimed in a legal analysis released Thursday that Proposition 19 would lead to more workplace accidents by forcing employers to let workers smoke pot on the job.

The analysis also contends the law would make California companies ineligible for federal contracts because employers could not guarantee a drug-free workplace.

The proposition's supporters dispute the chamber's findings. They point to the state Legislative Analyst's Office's determination that employers would "retain existing rights to address consumption of marijuana that impairs an employee's job performance."

Mainly at issue is a section of the proposition that says no one can "be denied any right or privilege" because they engaged in legal conduct permitted by the act, such as smoking pot.

The section continues: "The existing right of an employer to address consumption that actually impairs job performance by an employee shall not be affected."

The chamber claims the proposition would create a new, ill-defined standard of "actual impairment" that would prevent employers from disciplining workers simply for consuming marijuana. Instead, according to the chamber's analysis, employers would have to prove that pot impaired an employee's job performance.

"For example, if a forklift driver showed up reeking of marijuana smoke, an employer could not take disciplinary action until it could be proven that the employee's job performance was 'actually impaired' by the marijuana use (for example, after an accident occurred)," the chamber wrote.

The Proposition 19 campaign said in a statement Thursday that employers under the law would still be able to prohibit and punish employees for marijuana consumption that impairs job performance just as they would for alcohol.

Employers would still be able to ban possession or consumption of pot at work and keep rules in place that involve driving or operating dangerous machinery, the campaign said. Employers could still certify that they maintained a "drug-free" workplace by prohibiting marijuana possession or use on the job.

"Presumably the Chamber does not prohibit its employees from drinking alcohol at home as long as it doesn't affect job performance?" the campaign said.

Proposition 19 would make it legal for adults 21 and older to possess up to an ounce of pot for personal use. Individuals could grow up to 25-square-foot marijuana gardens on private property. Cities and counties would decide whether to allow sales and taxation of marijuana within their boundaries.

Recent polls have shown California voters are closely divided over the measure.

Read more: http://www.fresnobee.com/2010/08/12/2039308/calif-chamber-pot-law-would-allow.html#ixzz0wXuCK9NR

Wow .. I know this is like the Proverbial "Tit in the Ringer" That's an old saying of how a woman washing clothes in an early washing machine where the wet clothes are fed through a mechanical ringer but her breast gets caught in it.
Damn shocking is the point.

Oh boy! The Central Valley may have to loosen up on the Anti-Pot crap.
Oh it's like a police state or should I say a Prison where the inmates quietly get their kicks and the company fires anyone they can catch.
They will save bank on an accident claim if the injured worker tests positive even if it isn't the workers fault he was injured!

LOL! I'm grinning from ear to ear hoping to see things change. Trust me the last to hear the news will be the employees. I'm sure the news will be a State secret as long as they can keep it hush!


Perhaps things will change?

 

[kannubis]

Makes you wonder how worker's comp insurance will respond if it passes to a positive test for THC antibodies present in the system for 28 days or more when trying to determine wheter impairment at the time of the incident was part of the cause.

Currently, they can deny coverage to an employee hurt on the job with a positive test.

 

[pearlemae]

I worked for forty plus years, several different fields. Been the low guy on the totem pole and been the boss of 50 people responsible for 60 million in equipment. At no time have I ever worked anyplace that allowed you to drink alcohol on the job. I don't see MJ being treated any differently and the way its written it's not going to work. If I was an employer I sure don't want people stoned on my dollar. After work who cares, on the job you belong to the company. MY 2 CENTSn and

 

[j-fly]

Depends on the job. Doctors cant be smoking weed during surgery. I run a pizza shop and i dont care if my employees smoke on the job, i smoke all day at work. Gotta love colorado. We got a dispensary upstairs and i go up there and by treats for the crew. Yesterday we ate lava cakes with rassberry vanilla ganja sorbet on top and washed it down with thc injected root beer. I just try not to smoke in the store anymore. Its medical so its up to me to decide. I have employees that dont smoke that are worse than the ones that do.

 

[j-fly]

Im at work right now! Think ill go smoke a bowl of some blue moon rocks down in the garage!

 

[Phedrosbenny]

Will you hire me please....lols

 

[j-fly]

I feel better now!

 

[Pythagllio]

Well they're full of shit in their opinion. This is propaganda intended to sway some voters away from voting yes, nothing else. Oops no, not full of shit, I meant to say that they are bald faced liars.

 

[JackTheGrower]

It is inane banter.

I was commenting that it seems to be out of sync rhetoric. It seems dated. I mean like whoever is presenting the everyone will be stoned at work whining is still writing in a style that isn't anything close to the current level of conversation. I do mean by the anti-Cannabis side.

It's plain dumb the way they played that. The only folks that would buy into that are perhaps wealthy business owners that are getting the news that 50% will vote yes and the Right-side of this is fighting amongst themselves over far right concepts or not far right concepts.

So it seems to boil down to how many folks will say what the hell and vote yes that didn't give it much thought before.

 

[JackTheGrower]

I worked for forty plus years, several different fields. Been the low guy on the totem pole and been the boss of 50 people responsible for 60 million in equipment. At no time have I ever worked anyplace that allowed you to drink alcohol on the job. I don't see MJ being treated any differently and the way its written it's not going to work. If I was an employer I sure don't want people stoned on my dollar. After work who cares, on the job you belong to the company. MY 2 CENTSn and

I agree.. On the job you are there to provide a service to your employer. So do what you are supposed to do for your pay.

After work is your private business. If any after work activity interferes with your ability to do your job you need to realize and take steps to correct your shortcomings or you will lose your job.
It really is that simple.

But I don't agree with the Testing to find out if you smoked Cannabis at all.. Even on your own time.
The Corporations have too much power into a persons private life.

After all we all die so why not be more than a corporate cow?

 

[JackTheGrower]

Makes you wonder how worker's comp insurance will respond if it passes to a positive test for THC antibodies present in the system for 28 days or more when trying to determine wheter impairment at the time of the incident was part of the cause.

Currently, they can deny coverage to an employee hurt on the job with a positive test.

There are more accurate tests. Those tests can determine more exactly when and how much cannabis you took but they are expensive when compared to the cheap pee test for any cannabis.
So a serious drug screen and an expensive test would have to be done in a quick time or they might not have a claim against the one in the accident.

At least I remember being told or reading there are more exact tests. I would like to be corrected if I am misstating.

Hell though, Folks can be hung over real bad and do stupid shit at work. I know!

 

[real ting]

I'd just feel terrible for all those large companies that no longer would be able to fire employees or deny them medical coverage if they happened to have used marijuana in the past 30 days.

 

[stickey fingers]

I HAVE WORKED FOR FED EX AS A CARGO HADLER AT SFO, AND HAVE OPPERATED ON HEAVY MACHINERY ON 747S, ON CHOLATE TAI,AND BLACK HASH FROM THE 80S,IN ALL THE FIVE YEARS I WORKED THERE I NEVER HAD 1 ACCIDENT,AS WELL AS A LONG DISTANCE COMMUTE INTO THE BAY. NOW I AM A GROCERY CLERK AND MY DUTTIES VARY, THEY MULTI TASK ME TO HELL! ALTHOUGH FOR 15 YEARS IN THE GROCERY BIZ, I AM UNLOADING GROCERY TRUCKS, WITH FORKCLIFFS AND POWER JACKS AND NEVER ONCE HAD A ACCIDENT, WHILE DEALING WITH A SCREWED UP BOSS AND DEALING WITH A DISFUCTIONAL SOCIETY, I DONT SMOKE AT WORK ANYMORE, EVEN THO I AM A MED PATIENT,I HAVE TO MUCH TO LOSE! MY FRIEND APPLYED AT MY WORK,WHEN IT CAME TO THE DRUG TEST THEY SWABED HIS MOUTH,AND TESTED POSITIVE,HE TOLD MY BOSS THAT HE IS A MED PATIENT AND HAS A SCRIPT, MY BOSS TOLD HIM TO TRY AGAIN IN 30 DAYS,AND THAT IF MY COMPANY KNOWS OF A SCRIPT OR USE HE WILL NEVER GET HIRED,I BELIVE THAT MY BOSS LIKED HIM BUT THIER WAS NOTHING HE COULD DO. I AM FAR FROM PERFECT! IN MANY WAYS ALTHOUGH I BELIVE I DO AS GOOD OF A JOB AS ANYBODY ELESE DOING MY JOB, I JUST NEED TO BE MEDICATED

RIP DR JAY