Why Mass. hasn't reformed cannabis workplace safety since worker's death
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Four years since a Holyoke worker's death after inhaling cannabis dust, Massachusetts regulators haven't imposed new rules or penalties to prevent exposure to the workplace hazard.
- And they don't have the power to do so unilaterally.
Why it matters: Workplace safety is the latest arena where the Cannabis Control Commission is hamstrung by the limitations of state law, as complaints about contaminated flower and cannabis dust pile up.
State of play: Workers and workplace safety advocates urged the CCC to ramp up its oversight during a listening session Wednesday.
- They asked for tougher inspections, including real-time testing of mold levels using DIY kits and enforcement of workplace safety standards required by OSHA.
- Both they and cannabis business owners asked the CCC for concrete guidelines on what practices these businesses should undertake to prevent occupational hazards and illnesses.
Context: Several people mentioned Lorna McMurrey, a 27-year-old Trulieve employee who died in January 2022 from an asthma attack resulting from exposure to ground cannabis, per investigators.
- Florida-based Trulieve agreed to pay $350,000 in a settlement with the CCC and had been fined nearly $15,000 by the Occupational Safety and Health Administration. (Trulieve no longer operates dispensaries in Massachusetts.)
- The CCC announced two bulletins — one about safety standards for cannabis processing and another about classifying cannabis dust as a hazardous chemical.
- The agency suggested that business owners train employees about the risks of exposure, but it's not required.
Reality check: The CCC requires that all cannabis businesses make workplace safety standards for manufacturing and producing cannabis products or risk license suspension or revocation.
- The CCC also requires employees registered with the agency to undergo "responsible vendor training," which must include a section on workplace safety, per state regulations.
- Beyond that, the CCC doesn't have the authority to enforce any more stringent workplace requirements or penalties without updates to the state's cannabis laws.
Yes, but: It's not even entirely the CCC's purview, but a responsibility shared with OSHA, which workers said hasn't done enough to address unsafe conditions in the cannabis industry.
Between the lines: The CCC's limitations were on full display during Wednesday's session when someone asked the agency to publish specific safety guidelines for cannabis business owners to follow.
- "Do you believe that the industry would implement [guidelines] and absorb what I'm sure will be additional costs and additional hurdles?" Commissioner Carrie Benedon asked, noting that such guidelines wouldn't be enforceable.
- He said some would, while others wouldn't, but that the CCC is better equipped than individual business owners to research and develop best practices for the state's market.
What we're watching: The CCC says it's developing an anonymous tip line to help draw more feedback about workplace safety and other concerns.