By Wes May ECA Executive Director Email: [email protected]
As far as direct impact on company or union agreements, no change, yet. It is against federal law to be under the influence in the workplace.

You can now and should be able to, under Proposition 64, conduct pre-employment testing, randomly test workers under reasonable suspicion of impairment and test all workers involved in accidents. Each union contract is slightly different, so you will have to check each trade agreement for specifics. The Teamsters, are required to abide by federal law on this topic, so it’s illegal for truckers to consume the drug, even on their free time.

What we do know is that the law doesn’t go into full effect until January 1, 2018, when the state will begin issuing retail licenses to sell marijuana. Californians will be able to possess one ounce and grow six marijuana plants at home immediately. State bureaucrats are saying it will take up to a year to develop the regulations that will be applied to those who grow, transport, test and sell cannabis.

Here’s what Cal/OSHA told us about the impact on construction:

“Cal/OSHA is in the informal rulemaking process to ensure that regulations comply with new state laws regarding mari- juana in the workplace. Cal/OSHA will convene an advisory com- mittee on the adult use of marijuana to evaluate whether there is a need to develop industry-specific regulations as specified in the initiative and section 147.6 of the Labor Code.”

Meantime…Back to Court for AB 219

We told you last month that a federal judge in the Central California District (Sacramento) ordered a hold on implementation of AB 219, the controversial California prevailing wage bill that captured ready-mix concrete drivers in its net

The DIR responded to this action by appealing the judge’s decision. Then they released a notice of intention for this action, saying:

“In its appeal, DIR will seek a stay of the preliminary injunction. If the injunction is stayed, and DIR is successful on appeal, the department intends to enforce all prevailing wage requirements from AB 219’s effective date of July 1, 2016, to the full extent allowed by law. Contractors and subcontractors should also be aware that if they choose not to pay prevailing wages to workers on public works projects, they may still be subject to claims for unpaid wages and penalties by parties who are not subject to the injunction. You should consult with your attorney if you have any questions.”