Desert Messenger

24 www.DesertMessenger.com December 16, 2020 Are you planning a large event in Quartzsite? On Dec. 2nd, Governor Ducey issued an Executive Order enhancing health and safety require- ments for large public events approved by local cities, towns and counties. Under Executive Order 2020- 43 issued in June, organized public events with more than 50 attendees are prohibited in Arizona, with the option for local jurisdictions to selec- tively approve events of greater than 50 people only if they implemented enhanced mitigation measures. As of Dec. 2nd, organized public events of more than 50 people may only be approved by local cities, towns and counties if they have de- termined that safety precautions con- sistent with guidance issued by both the U.S. Centers for Disease Control and Prevention (CDC) and ADHS are in place, and the event organizer has committed to implementing and en- forcing these precautions. If an event is approved by a local city, town or county, the local juris- diction must publicly post the miti- gation measures that the event orga- nizer is required to implement and enforce on their website and submit a copy to ADHS. In addition, the ju- risdiction must dedicate resources to enforcing mitigation measures that the organizer has agreed to im- plement during the event and any public health requirements current- ly applicable in the jurisdiction. As was the case before, a local city, town or county may deny a request for an organized event due to public health concerns related to COVID-19. Contact Quartzsite Town Hall for permitting details. 928-927-4333. Town Hall is located at 465 N. Plym- outh Ave. www.QuartzsiteAZ.org. AZ Governor's Executive orders: https://azgovernor.gov/execu- tive-orders Considerations for Events and Gatherings from CDC: https://www.cdc.gov/.../consid- erations-for-events... Update on mass gatherings in AZ Victoria Harker- Chamber Business News Recreational marijuana is now le- gal in Arizona after voters approved Proposition 207, and that will pose some new challenges for employers, said Julie Pace, a Phoenix attorney who specializes in employment and cannabis law. There also is confusion about what the implications are for both employ- ers and employees, said Pace, an at- torney with Gammage & Burnham, who spoke with Chamber Business News about what business owners need to know in moving forward. Employers will need to be more dil- igent. The biggest challenge is that employers may no longer rely solely on a drug test to fi re or discipline a worker, she said. In the past, a posi- tive marijuana test was grounds for immediate action whether that meant termination, suspension or requiring an employee to undergo drug counseling. Now that recreational pot use is le- gal, employers will need to be more vigilant about documenting impair- ment beyond a drug test because marijuana can be detected in the body for up to 30 days or more after using it, Pace said. "Employers will need to pay atten- tion to what they are doing to recog- nize impairment and to document or observe impairment including observations by individuals of the company who could be evidentiary witnesses if there's a dispute about someone you fi re or discipline for being impaired at work," she said. Arizona 16th state to pass recre- ational use. Under the new law, adults 21 and older may now pos- sess, use and grow limited amounts of marijuana. Smoking in public, however, is prohibited. Arizona joins 15 states that have ap- proved recreational use and 34 that allow medical marijuana. Pace laid out what employers need to know moving forward: Employers can still maintain drug- and alcohol-free workplaces The proposition still allows employ- ers to maintain drug- and alcohol- free workplaces and prohibit pot use by employees. That means employers can ban the use of pot on the job site, in the parking lot, during lunchtime and in any capacity that would cause them to be high or impaired during working hours. The bottom line is that employees can still be fi red or disciplined for being high at work, she said. "Proposition 207 does not give any rights of employment to anyone at work. You can't use marijuana at work. You can't be imparied at work," she said. "And Arizona is an at-will employment state, so you can be let go or terminated if you use it at work, possess it at work or have it in a vehicle or use it in the parking lot." Employers can still conduct pre-em- ployment tests for marijuana Em- ployees can still pre-test applicants for marijuana and decline anyone who tests positive unless they have a medical marijuana card. However, if a cardholder is observed to be im- paired at work, they can be let go. Certain jobs prohibit any marijuana use. Job applicants with medical marijuana cards can still be turned down for jobs that have been desig- nated "safety sensitive." These are typically positions requiring driving or operating heavy equipment or machinery. This includes Commer- cial Drivers License (CDL) drivers. What Arizona's new pot law means for employers Federal agencies and federal con- tractors can also deny employment to cardholders because marijuana possession, distribution and use is still illegal under federal law. Arizona statute provides some liabil- ity protection In Arizona, employers already receive some liability protec- tions under the Arizona Drug Testing of Employees Act. Under the statute, an employer who fi res someone for being impaired from drugs or alco- hol cannot be sued by that individual and the company does not have to pay unemployment insurance. To protect themselves further, em- ployers should maintain a proper drug testing policy and drug testing pro- gram that complies with state statute. They should use a reputable lab for testing that has a Medical Review Offi cer (MRO) to review and evalu- ate lab results, Pace said. Employers also may want to consid- er using saliva testing that is prov- ing to be more effective in detecting recent marjuana use, she said. Employees should be educated about what Prop. 207 means Be- cause of confusion over the new law, Pace recommends employers educate their employees about what it means for them. Employees should be made aware that certain CBD products are caus- ing some job applicants to test posi- tive for THC, the active chemical in marijuana. Workers should also not assume that they can smoke a joint in the parking lot or during lunch hour without consequences, she said. "Proposition 207 just means that they're not going to be arrested and handcuffed by a police offi cer. It just means they're going to be let go and lose their job and that's go- ing to hurt them in the employment arena."

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