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LegalLow Slope RoofingSteep Slope Roofing

Know Your Roofing Company’s Policy on Marijuana

Trent Cotney discusses the murky and complicated issues surrounding weed as more states adopt legalization policies.

By John Wyatt, Trent Cotney, Attorney at Law
September 30, 2024

In this episode, RC Group Publisher Jill Bloom talks with RC Legal Insights Expert Trent Cotney, partner with Adams & Reese, about the controversy surrounding marijuana legalization and the workplace. As more and more states adopt recreational and medicinal laws permitting use, many employers are scratching their heads on what this means for jobsite safety and longstanding company policies on drug use.

Roofing Contractor presents The Best of Success Podcast Show

Handling Weed in the Workplace

Trent Cotney, partner at Adams & Reese, shares insights on the challenges roofing contractors face regarding marijuana use, safety, insurance, and legal requirements. Contractors may need to reassess their policies, especially since insurance companies often dictate terms.

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Cotney fields a lot of questions in regards to the law and one that he is asked about frequently is weed in the workplace. What are these questions?

The question surrounding marijuana and as it relates to the workplace started when some states began legalizing the drug for recreational or medicinal purposes. And as you started seeing these changes, Cotney says, employers in the construction industry have started to ask themselves how to deal with it from a safety/employment/drug-free perspective.

Regardless of sub-labor or not, skilled labor is still the biggest issue in construction. There’s been a resurgence in these questions as it’s an election year and every state is still trying to figure these issues out. For example, Florida voters will decide recreational use on the November ballot, and all signs point to it passing, he said.

“What I try to coach and talk to contractors about is that safety always trumps everything else,” Cotney said. “The first thing you want to do is make sure your supervisory staff, project managers, whoever is running a job, can adequately identify the signs of impairment. It would be the same as if they were drunk or on prescription painkillers. You make sure you’re running a safe work site—not only for the user but for the other workers there. Part of that is to make sure your supers and generals have adequate training and know how to identify the signs of use and how to deal with it. Always have two people issue any type of discipline to a worker who clearly is using.”

KEYWORDS: Adams & Reese commercial roofing contractor drugs jobsite safety legal issues in AEC OSHA (Occupational Safety and Health Administration) Residential Roofing Contractor US government

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Epub john wyatt 2025 crop1 webp
John Wyatt is editor of Walls & Ceilings magazine, bringing more than two decades of experience with BNP Media. He joined the company in 2000 as an associate editor, contributing to both Walls & Ceilings and Roofing Contractor before assuming the role of editor in 2008. In addition to his work with the brand, Wyatt collaborates across BNP’s architecture, engineering and construction (A/E/C) portfolio, supporting related publications and initiatives. He can be reached at 248-205-6659 or wyattj@bnpmedia.com.
Trent cotney
Trent Cotney is a Partner with Adams & Reese and a Florida Bar Board Certified Construction Lawyer, licensed to practice in multiple states across the U.S. and in Canada. With nearly 25 years of experience, Trent has dedicated his career to serving the construction and roofing industries. He is a zealous advocate for the international commercial roofing sector and serves as general counsel for over 10 prominent trade associations and organizations, including the National Roofing Contractors Association (NRCA), Florida Roofing & Sheet Metal Contractors Association (FRSA), National Slate Association, Roofing Technology Think Tank (RT3), and Western States Roofing Contractors Association (WSRCA). Trent’s commitment to the industry extends beyond legal counsel; he is an active participant in education, advocacy, and innovation, working tirelessly to address the challenges contractors face and advance the industry as a whole. Known for his deep understanding of construction law and unwavering dedication, Trent Cotney remains a trusted advisor and leader in the roofing community.

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