Compliance Roundup: December 2023

December 2023 at a Glance

This month brought 8 regulatory updates across 3 compliance areas, affecting employers in 6 jurisdictions.

Metric	Count
Total updates	8
High impact	4
Medium impact	4
Enforcement actions	1
Topics covered	3
Jurisdictions	6

4 updates are rated high impact — these require prompt review and may necessitate policy or program changes.

Drug Testing was the most active area this month with 5 updates. Notably, 1 enforcement action was recorded — a reminder that agencies are actively inspecting and citing violations. Federal-level changes this month affect employers in all 50 states regardless of their primary operating location.

Employers should use this roundup to prioritize their compliance review. We recommend starting with the high-impact updates and working through the full list based on your industry and operating states.

All Updates This Month

Update	Scope	Impact	Topic
AB 2188: Pre-Employment Drug Testing Restrictions for C...	California	High	Drug Testing
Lawful Off-Duty Activities Protection	Colorado	Medium	Drug Testing
OSHA Temporary Worker Safety Guidance	Federal	Medium	OSHA
Employee Medical Records Retention	Federal	Medium	Privacy
HB 1340: Pre-Employment Cannabis Testing Restrictions	Washington	High	Drug Testing
OSHA National Emphasis Program: Respirable Crystalline ...	Federal	High	OSHA
CREAMMA: Cannabis Employment Protections	New Jersey	High	Drug Testing
PA 21-1: Cannabis Employment Protections	Connecticut	Medium	Drug Testing

1. AB 2188: Pre-Employment Drug Testing Restrictions for Cannabis 🔴

Employers cannot discriminate based on off-duty cannabis use or non-psychoactive cannabis metabolites detected in pre-employment drug tests. Exceptions apply for federal contractors, positions requiring federal security clearance, and building/construction trades.

Impact: High · Scope: California (state profile) · Topic: Drug Testing

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2. Lawful Off-Duty Activities Protection 🟡

Colorado prohibits employers from terminating employees for lawful off-duty activities, which includes legal cannabis use. However, employers may still enforce workplace policies prohibiting impairment on the job.

Impact: Medium · Scope: Colorado (state profile) · Topic: Drug Testing

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3. OSHA Temporary Worker Safety Guidance 🟡

Federal OSHA clarifies that host employers and staffing agencies share responsibility for temporary worker safety under the OSH Act. Both entities must ensure workers receive required training, hazard communication, and protective equipment.

Impact: Medium · Scope: Federal · Topic: OSHA

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4. Employee Medical Records Retention 🟡

Federal OSHA requires employers to preserve employee medical records for the duration of employment plus 30 years. This includes exposure records, medical opinions, and any analyses related to workplace health hazards.

Impact: Medium · Scope: Federal · Topic: Privacy

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5. HB 1340: Pre-Employment Cannabis Testing Restrictions 🔴

Washington prohibits employers from discriminating against applicants based on off-duty cannabis use or non-psychoactive cannabis metabolites detected in pre-employment drug tests. Exceptions apply for safety-sensitive positions, law enforcement, firefighters, first responders, corrections officers, and roles requiring federal security clearance.

Impact: High · Scope: Washington (state profile) · Topic: Drug Testing

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6. OSHA National Emphasis Program: Respirable Crystalline Silica 🔴

OSHA directs increased inspection and enforcement resources toward industries with significant crystalline silica exposure risks. Employers in construction, stone cutting, glass manufacturing, and foundries must comply with the permissible exposure limit of 50 μg/m³ (8-hour TWA) under 29 CFR 1926.1153 (construction) and 29 CFR 1910.1053 (general industry).

Impact: High · Scope: Federal · Topic: OSHA · Type: Enforcement action

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7. CREAMMA: Cannabis Employment Protections 🔴

Under the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA), New Jersey employers generally cannot take adverse employment action against employees or applicants based solely on lawful cannabis use outside the workplace. Employers may still maintain drug-free workplace policies, prohibit impairment on the job, and test for cannabis when required by federal law.

Impact: High · Scope: New Jersey (state profile) · Topic: Drug Testing

Read full analysis →

8. PA 21-1: Cannabis Employment Protections 🟡

Impact: Medium · Scope: Connecticut (state profile) · Topic: Drug Testing

Read full analysis →

What Should Employers Do This Month?

Based on the updates above, here are the top priorities for December 2023:

Review high-impact updates immediately — 4 updates this month require prompt attention. Click through to the full analysis for detailed action items.
Check your compliance calendar — Review effective dates and deadlines for any updates that affect your operations.
Brief your team — Share relevant updates with your HR, safety, and compliance teams. Each full article includes specific action items.
Audit proactively — This month's enforcement actions highlight areas where agencies are actively inspecting. Use these cases as a prompt for self-auditing.