Does an employer have to accommodate medical uses of marijuana in Oklahoma City, OK.?
Employers are advised to have a clear and concise written drug testing policy and to abide by state laws to avoid litigation. Employers may still test for and/or discipline an employee for marijuana under certain circumstances (e.g., post-accident). Oklahoma medical marijuana SQ 788 does not permit an employer to discipline or terminate a cardholding medical marijuana employee based solely on the presence of marijuana in a drug test. Regardless of a cardholder status, employers are not permitted to bring marijuana to their place of work or be under the influence during their hours of work. If an employee's job is covered by federal guidelines, then they must abide by the federal regulations in order for the company to remain in compliance with federal guidelines, regardless of state laws. Medical marijuana is not a medical exception under the U.S. DOT drug testing regulations, and federally mandated employers are expected to follow federal guidelines.
Are social security numbers (SSNs) required to run a Motor Vehicle Record (MVR)?
Requirements to run an MVR can vary by state and can include a SSN, Driver's license number, employee name, date of birth, etc.
What is the FMCSA Clearinghouse for?
The FMCSA established the Clearinghouse rule to require mandatory use of the Clearinghouse for employers to report and collect information about a driver’s drug and alcohol history and violations. The Clearinghouse will contain violations per the FMCSA regulations, including any positive drug or alcohol test results and test refusals. The database provides real-time access, helping employers identify drivers who aren’t legally permitted to operate a commercial motor vehicle (CMV), thus further protecting their company by filtering out employees who could pose a dangerous risk.
How often am I required to pull an MVR on my CDL drivers?
Under FMCSA regulations, an employer must request a pre-hire MVR in all states where a CDL license was held within the previous 3-year period, and then annually as part of the employee’s annual review process.