Current through Vol. 23-08, May 15, 2023
Section R. 420.602 - Employees; requirements
Rule 2.(1) A licensee shall conduct a criminal history background check on any prospective employee before hiring that individual. A licensee shall keep records of the results of the criminal history background checks for the duration of the employee's employment with the licensee. A licensee shall record confirmation of criminal history background checks and make the confirmation available for inspection upon request by the agency.(2) A licensee shall comply with all of the following:(a) Have a policy in place that requires employees to report any new or pending criminal charges or convictions. If an employee is charged with or convicted of a controlled substance-related felony or any other felony, the licensee shall immediately report the charge or conviction to the agency. If an employee of a licensee under the MRTMA is convicted of an offense involving distribution of a controlled substance to a minor, the licensee shall immediately report the conviction to the agency.(b) Enter in the statewide monitoring system an employee's information and level of statewide monitoring system access within 7 business days of hiring for the system to assign an employee identification number. The licensee shall update in the statewide monitoring system employee information and changes in status or access within 7 business days.(c) Remove an employee's access and permissions to the marihuana business and the statewide monitoring system within 7 business days after the employee's employment with the licensee is terminated.(d) Train employees in accordance with an employee training manual. Copies of this manual must be maintained and be made available to the agency upon request. The employee training manual must include, but is not limited to, all of the following: (i) Employee safety procedures.(ii) Employee guidelines.(iv) Educational training, including, but not limited to, marihuana product information; dosage and purchasing limits, if applicable; and educational materials.(e) A marihuana business under the MRTMA that sells or transfers marihuana to an individual 21 years of age or older shall include in the employee training manual a responsible operations plan. Copies of this plan must be maintained and be available to the agency upon request. A responsible operations plan must include a detailed explanation of how employees will monitor and prevent all of the following: (ii) Underage access to the establishment.(iii) The illegal sale or distribution of marihuana or marihuana products within the establishment.(iv) Any potential criminal activity on the premises, as applicable.(f) Establish point of sale or transfer procedures for employees at marihuana sales locations performing any transfers or sales to marihuana customers. Copies of these procedures must be maintained and be made available to the agency upon request. The point of sale or transfer procedures must include, but are not limited to, all of the following: (ii) Marihuana product information.(iii) Health or educational materials.(iv) Point of sale training.(vi) Cannabidiol (CBD) and tetrahydrocannabinol (THC) information.(viii) Consumption information, including any warnings.(g) Screen prospective employees against a list of excluded employees maintained by the agency in accordance with R 420.808a(6).(h) Ensure that employees handle marihuana product in compliance with Current Good Manufacturing Practice, Hazard Analysis, and Risk Based Preventative Controls for Human Food, 21 CFR part 117, as specified in these rules.(i) When a registered primary caregiver is hired as an employee of a grower, processor, or secure transporter licensed under the MMFLA, ensure the individual withdraws the individual's registration as a registered primary caregiver in a manner established by the agency.(j) A licensee under the MRMTA shall not allow a person under 21 years of age to volunteer or work for the marihuana establishment pursuant to section 11 of the MRTMA, MCL 333.27961.(k) A licensee under the MRTMA shall not employ any individual who has been convicted of an offense involving distribution of a controlled substance to a minor.(3) If an individual is present at a marihuana business or in a marihuana transporter vehicle who is not identified as a licensee or an employee of the licensee in the statewide monitoring system or is in violation of the acts or these rules, the agency may take any action permitted under the acts and these rules. This subrule does not apply to authorized escorted visitors at a marihuana business.(4) Employee records are subject to inspection or examination by the agency to determine compliance with the acts and these rules.(5) Consumption of food and beverages by employees or visitors is prohibited where marihuana product is stored, processed, or packaged or where hazardous materials are used, handled, or stored. The marihuana business may have a designated area for the consumption of food and beverages that includes, but is not limited to, a room with floor to ceiling walls and a door that separates the room from any marihuana product storage, processing, or packaging.(6) Trade or professional service providers not normally engaged in the operation of a marihuana business, except for those individuals required to have employee credentials under this rule, must be reasonably monitored, logged in as a visitor, and escorted through any limited access areas.(7) Nothing in this rule prohibits a licensee from allowing visitors into the marihuana business. A licensee shall ensure that visitors are reasonably monitored, logged in as a visitor, and escorted through any limited access areas. Visitors that are not employees or individuals providing trade or professional services are prohibited where hazardous materials are used, handled, or stored in the marihuana business.
Mich. Admin. Code R. 420.6022020 AACS; 2022 MR 5, Eff. 3/7/2022