Navigating Workplace Impairment: What Employers Need to Know About WIREs
As the legal landscape around cannabis continues to evolve, employers face new challenges in managing workplace safety and compliance. With employees potentially engaging in offsite medicinal or recreational cannabis use, businesses must distinguish between “intoxication” (cannabis presence in an employee’s system) and “impairment” (observable behavior indicating they are under the influence while working). The stakes are high, and traditional drug testing is no longer enough. That’s where Workplace Impairment Recognition Evaluators (WIREs) come in.
Why WIREs Matter for Employers
Employers are responsible for ensuring workplace safety while respecting employee rights. However, with cannabis use becoming more common, making the right call on impairment is complex. Unlike alcohol, cannabis can linger in the body long after its effects have worn off, making standard drug tests ineffective in proving impairment. This is where trained WIREs become critical.
WIREs are specially trained individuals who assess whether an employee is actually impaired, rather than simply having cannabis in their system. This distinction is crucial when considering disciplinary actions, including suspension or termination. The consequences of getting this wrong are significant:
- Legal Liability – Inaccurate impairment assessments can lead to wrongful termination claims or discrimination lawsuits.
- Employee Rights – Employers must balance workplace safety with protections for employees using medical cannabis.
- Regulatory Compliance – Every state has different laws and burdens of proof regarding cannabis impairment, requiring employers to stay informed and adaptable.
