On August 29, the Oklahoma Medical Marijuana and Patient Protection Act, commonly called the Unity Bill, goes into effect across the state of Oklahoma. This legislation offers more specific provisions concerning the use of medical marijuana, and it’s important for employees and employers to be aware of them.
Is your company ready? Are you fully aware of the new provisions so you can set policies into place to meet them? Here’s a closer look at what employers need to know to ensure compliance with the new state law.
Remember, all the information in this blog post is published in good faith and for general information purpose only. I am not an attorney, nor do I provide legal advice. The information provided is my personal opinion and not that of any organization, business, company, agency or other individuals. The author is not liable for any losses or damages related to actions or failure to act related to the content of this article. If you need specific legal advice, consult with an attorney who specializes in your subject matter. Any action you take upon the information you find on this website (www.hrraw.com), is strictly at your own risk.
Penny Horton | August 21, 2019
- The Unity Bill effectively addresses many concerns employers have surrounding medical marijuana.
The original state question that passed in 2018 had many employers asking questions and wondering what would be expected of them. The legislation that goes into effect as of August 29, 2019 specifically addresses many of these issues, such as:
- Whether employers must provide medical reimbursements for medical marijuana.
- The definition of a “positive test for marijuana components or metabolites.”
- How medical marijuana may or may not be used on business premises.
- Businesses must avoid discrimination against medical marijuana license holders.
Under the Unity Bill, employers cannot discriminate against, discipline, discharge, refuse to hire, or otherwise penalize employees or applicants solely because they hold a medical marijuana license. There are, however, some provisions in the bill to help employers balance employee needs with safety requirements.
- Appropriate workplace restrictions can be established to avoid safety risks.
Employers have understandably been concerned about the use of medical marijuana and job safety. Fortunately, the latest legislation gives employers clearer direction in how to address the use of medical marijuana at work.
Specifically, employers can establish appropriate requirements for positions that are “safety sensitive”—that is, positions that include “tasks or duties the employer reasonably believes could affect the safety and health of the employee performing the task or others.”
Jobs that require handling of hazardous materials, operating a vehicle or machinery, carrying a firearm, caring for children, dispensing pharmaceuticals, and similar responsibilities are among the tasks that are considered safety-sensitive.
- Federal employers and employees must continue to adhere to federal—not state—guidelines concerning the use of marijuana.
While Oklahoma is now among the states where medical marijuana has been legalized, federal law still considers it illegal to possess marijuana. And the federal law still trumps state law when it comes to federal employees. Those who hold federal jobs, such as Department of Transportation workers, are still required to meet all federal guidelines for their positions.
- Tribal legislation also trumps state laws when it comes to medical marijuana use.
As with federal workers, any employers and employees who are governed by tribal legislation must adhere to the regulations and guidelines established by tribal authorities. Oklahoma’s Unity Bill does not take precedence over tribal governance.
What Employers Should Do Now
As with any new legislation affecting the workplace, employers should establish policies now and be ready to enact them as soon as possible to ensure compliance with the Unity Bill.
- Review and adjust HR policies as needed.
- Become familiar with the latest legislation by reviewing the Unity Bill’s provisions.
- Create an official list of all staff positions that are safety-sensitive—and be prepared to justify why they are safety-sensitive.
- Review and update all job descriptions and postings to fit with the legislation, and be sure to clearly designate the positions that are safety-sensitive so there is no confusion among employees and applicants.
- Update HR policies and employee documentation to reflect the latest legislation, including any policies and guidelines around drug testing and what happens for employees who test positive for medical marijuana.
- Be timely!
- Remember, Oklahoma requires employers to provide employees with at least ten (10) days’ notice before a new drug and alcohol testing policy goes into effect.
- To start new policies as of August 29, employers must provide employees with notice of the change by August 19.
- If providing the updated policy notice later than August 19, remember that it will go into effect ten business days after the day employees receive
notification
- Start educating employees now.
- Be sure employees at all levels understand any new HR policies surrounding medical marijuana in the workplace.
- Be ready to answer employee questions about how to comply with workplace guidelines if they hold a medical marijuana license.
- Remember, most people want to live up to their company’s expectations; they just need to be clear about what the expectations are.
Get expert HR advice for medical marijuana policies that work!
Who’s Your HR? is no stranger to questions concerning drug and alcohol testing, safety-sensitive positions, legally compliant job postings, and other questions concerning medical marijuana and the workplace.
We can assist you with creating and implementing well-crafted HR policies, answer questions about the Unity Bill, provide educational workshops for employees, assist with drug and alcohol testing for employers who prefer not to handle it in-house, and more.
If you want to receive a free checklist that will help you draft a comprehensive drug testing policy for the workplace, sign up for our Exclusive Employer Content.
Contact Who’s Your HR? for expert guidance in creating well-planned HR policies or to answer any questions you may have concerning medical marijuana in the workplace.
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