2023 Connecticut General Statutes › Title 21a - Consumer Protection › Chapter 420h - Regulation of Adult-Use Cannabis › Section 21a-422o. - (Note: This section is effective July 1, 2022.) Regulation of cannabis in the workplace. Definitions.

As used in this section and sections 21a-422p to 21a-422s, inclusive:
(1) “Employee” means any individual employed or permitted to work by an employer, or an independent contractor;
(2) “Employer” has the same meaning as provided in section 31-58;
(3) “Exempted employer” means an employer whose primary activity is (A) mining, including, but not limited to, an employer with a two-digit North American Industry Classification System code of 21, (B) utilities, including, but not limited to, any employer with a two-digit North American Industry Classification System code of 22, (C) construction, including, but not limited to, an employer with a two-digit North American Industry Classification System code of 23, (D) manufacturing, including, but not limited to, an employer with a two-digit North American Industry Classification System code of 31, 32 or 33, (E) transportation or delivery, including, but not limited to, an employer with a two-digit North American Industry Classification System code of 48 or 49, (F) educational services, including, but not limited to, an employer with a two-digit North American Industry Classification System code of 61, (G) health care or social services, including, but not limited to, an employer with a two-digit North American Industry Classification System code of 62, (H) justice, public order, and safety activities, including, but not limited to, an employer with a four-digit North American Industry Classification System code of 9221, or (I) national security and international affairs, including, but not limited to, those with a three-digit North American Industry Classification System code of 928. As used in this subdivision, “Employer” includes any subdivision of a business entity that is a standalone business unit, including, but not limited to, having its own executive leadership, having some or significant autonomy and having its own financial statements and results;
(4) “Exempted position” means a position:
(A) As a firefighter;
(B) As an emergency medical technician;
(C) As a police officer or peace officer, in a position with a law enforcement or investigative function at a state or local agency or in a position with the Department of Correction involving direct contact with inmates;
(D) Requiring operation of a motor vehicle, for which federal or state law requires any employee such position to submit to screening tests, including, but not limited to, any position requiring a commercial driver's license or any position subject to 49 CFR 40, 14 CFR 120 or 49 CFR 16;
(E) Requiring certification of completion of a course in construction safety and health approved by the federal Occupational Safety and Health Administration;
(F) Requiring a federal Department of Defense or Department of Energy national security clearance;
(G) For which the provisions of sections 21a-422p to 21a-422s, inclusive, are inconsistent or otherwise in conflict with the provisions of an employment contract or collective bargaining agreement;
(H) For which the provisions of sections 21a-422p to 21a-422s, inclusive, would be inconsistent or otherwise in conflict with any provision of federal law;
(I) Funded in whole or in part by a federal grant;
(J) Requiring certification of completion of a course in construction safety and health approved by the federal Occupational Safety and Health Administration;
(K) Requiring the supervision or care of children, medical patients or vulnerable persons;
(L) With the potential to adversely impact the health or safety of employees or members of the public, in the determination of the employer;
(M) At a nonprofit organization or corporation, the primary purpose of which is to discourage use of cannabis products or any other drug by the general public; or
(N) At an exempt employer;
(5) “Exempted employee” means an employee holding an exempted position or working for an exempted employer;
(6) “On call” means a period of time for which an employee (A) is scheduled with at least twenty-four hours' notice by his or her employer to be on standby or otherwise responsible for performing tasks related to his or her employment, either at the employer's premises or other previously designated location by his or her employer or supervisor to perform a work-related task, and (B) is being compensated for such scheduled time;
(7) “Work hours” means any period of time for which such employee is compensated by an employer and is performing job duties or is reasonably expected to be performing job duties; and
(8) “Workplace” means the employer's premises, including any building, real property, and parking area under the control of the employer, and area used by an employee while in the performance of the employee's job duties, and the employer's vehicles, whether leased, rented, or owned.
(June Sp. Sess. P.A. 21-1, S. 97.)
History: June Sp. Sess. P.A. 21-1 effective July 1, 2022.