Mining & Legal Marijuana: What Now?
By: Dylan Shaver
In 2016, Nevada voters overwhelmingly passed a ballot question to legalize the recreational use of marijuana across the state. Even rural areas saw passage of this critical measure. The people have spoken, and no matter our opinion on the subject, legalized marijuana is the law of the land in Nevada. The state legislature couldn’t change the law, even if they wanted to until 2020. However, it’s unlikely such a change would occur, because the state budget is bringing in tens of millions of dollars in revenues from marijuana-related transactions.
The question for the mining industry is: what now? Nevada’s mining industry respects the will of the voters. Nevertheless, in an industry where the use of any controlled substances — illicit or otherwise — is not tolerated on the job site, the topic deserves examination. Because of complicated federal rules, the critical role safety plays in a mine’s culture, and because of the lags in testing for impairment, marijuana usage remains incompatible with Nevada’s mining industry.
Under federal law, marijuana usage remains illegal, and is likely to remain as such. And (again, like it or not) the industry is heavily regulated by the United States Government. Our mines are on land owned and controlled by federal agencies, our safety is tightly monitored by the Federal Mine Safety & Health Administration, and our mined products are shipped over state lines under the supervision of the National Transportation Administration.
But at the core of this issue is a much higher calling than federal code. We have a responsibility to our employees and their families to ensure mine workplaces are safe. Our employees are exposed to naturally-occurring hazards in the environment, and any level of impairment is simply unacceptable when your personal safety is in hand. Furthermore, going onto a mine site impaired puts all of one’s coworkers at risk. Whether operating a haul truck, doing electrical work, or one of the many other highly-technical and highly-skilled jobs on a site, any level of distraction can threaten the safety and lives of our coworkers.
Finally, this is an area where technology hasn’t caught up with public policy. Whereas there are many options to test somebody for impairment for alcohol, or see if they are abusing prescription drugs, tests for marijuana are unsophisticated or untested. Testing somebody’s blood for BAC will give an immediate indication of whether that person is impaired. But with legal marijuana use in its infancy, the tests don’t measure impairment, just use. The best tests will only show whether an employee has used the substance in the last two or three weeks.
Some will say it’s unfair for any employer to terminate an employee for using marijuana on their off time. Unfortunately for aficionados, the tests for directly-correlated for impairment do not exist. If and when technology catches up, mines may very well re-examine zero-tolerance policies. Until that happens, mines simply cannot allow one employee to put his or her coworkers and their families at that level of risk.
The public viewpoint is changing very, very quickly. Just ten years ago, voters across the country vehemently rejected proposals to legalize marijuana. Today, as more states legalize possession of the drug, there will be increasing pressure on the Congress for a national solution. The marketplace is already trying to develop new testing mechanisms for impairment. But these are all conversations for the future. Today, the reality is this: our commitment is to our people and their families, and we will do whatever it takes to keep them safe… even if it means we’re not invited to the fun parties.
Dylan Shaver is Vice President of the Nevada Mining Association