In an interview with SHRM, Kristin White offers insights into how employers should navigate 'safety-sensitive' job classifications and state marijuana laws. Kristin advises that some states, such as Colorado, don't have safety-sensitive carveouts because employers retain the right to fire workers for marijuana use based on an employer policy. She suggests that employers use an objective, factual analysis to evaluate whether positions are safety-sensitive. "Employers should look at the tasks performed by the employee, not just the title. [Employers should make] an individualized determination and not make generalizations as to what tasks are performed for a specific role."
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