Mich. Admin. Code 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.
(iii) Security protocol.
(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:
(i) Over-intoxication.
(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:
(i) Training in dosage.
(ii) Marihuana product information.
(iii) Health or educational
materials.
(iv) Point of sale
training.
(v) Purchasing
limits.
(vi) Cannabidiol (CBD) and
tetrahydrocannabinol (THC) information.
(vii) Serving size.
(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.
Notes
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