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16 PalletCentral • July-August 2019 palletcentral.com LABOR & WORKFORCE medication. This year has yielded a bumper crop of new laws affecting the legal use and the rights of medical cannabis workers as well. The following are a few new legal developments to be aware of, as you effectively design and administer substance abuse prevention programs. • ARIZONA: In the latest Walmart case, the retail giant recently lost in AZ. In Whittier v. Walmart, the court ruled for the employee who was fired after testing positive in a post-accident drug test. The court held Walmart did not provide proper expert testimony to show that the worker had a sufficient amount of THC in his system to support termination. AZ has one of the country's most liberal medical cannabis laws, in terms of protecting workers' rights. • ILLINOIS: Illinois became the latest state to legalize recreational marijuana. Its law includes broad employer protections to restrict on the job cannabis use, to discipline workers who violate "reasonable" policies that govern use, and storage and smoking of cannabis in the workplace. Recreational cannabis will go on sale there in January 2020, but it will only be legal to smoke in one's home or onsite at some cannabis-related businesses. Use is prohibited in public, including in motor vehicles. The legislation also provides for expungement of old criminal convictions for possession unrelated to any violent crime. Current Illinois Law considers drivers with 5 nanograms or more THC blood concentration guilty of driving while impaired, but a DUI Task Force is considering best methods for roadside testing. • NEW YORK: While legislation to legalize recreational marijuana statewide never made it to the finish line this year, Gov. Andrew Cuomo is a strong supporter, and this will no doubt re-emerge in the next session. The proposed 2019 recreational pot measure would also place the burden on employers to establish that a worker was "impaired" on the job. At the municipal level, New York City enacted an ordinance banning employers from conducting pre-employment tests for medical marijuana. More state law changes are coming and employers with multi- state operations would be well served to review their policies on this subject and related drug testing programs, in light of this evolving area of employment law. PC Adele L. Abrams is an attorney and safety professional who repre- sents companies in litigation with OSHA and also provides safety training and consultation. The Law Office of Adele L. Abrams PC has three offices: Beltsville, MD; Denver, CO; and Charleston, WV. Adele can be reached at (301) 595-3520 or www.safety-law.com.