Try these practical tips regarding drug testing in Oklahoma

In 2018, Oklahoma voters approved the legalization of medical marijuana. This resulted in multiple phases of implementing legislation. Here are a few practical tips for administering your drug and alcohol testing policy.

Tip #1: Designate safety-sensitive positions 

The Oklahoma Medical Marijuana Act provides that: 

unless failure to do so would cause an employer the potential to lose a monetary or licensing-related benefit under federal law or regulations, an employer may not discriminate against a person in hiring, termination or imposing any term or condition of employment or otherwise penalize a person based upon the status of the person as a licensed medical marijuana patient.

However, subsequent legislation (the Oklahoma Medical Marijuana and Patient Protection Act, sometimes referred to as the “Unity Bill”) creates an “exception.”

The Unity Bill provides that an employer may refuse to hire, discipline, discharge, or otherwise penalize an applicant or employee solely based on a positive test for marijuana components or metabolites if the individual is applying for or employed in a position “involving safety-sensitive job duties.” The statute defines “safety-sensitive” as “any job that includes tasks or duties that the employer reasonably believes could affect the safety and health of the employee performing the task or others including, but not limited to, any of the following:”