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.
Who needs to get a permit for the Spotted Lanternfly?
According to the Pennsylvania Department of Agriculture, permits are required for all businesses and organizations who will be moving within or from the quarantine zone while working. More details and examples can be found on the Agriculture main website: Spotted Lanternfly Information on the DPA website...
Do Spotted Lanternfly Trucking Permits apply to fleets of service vans and other non-DOT regulated company vehicles?
According to the Pennsylvania Department of Agriculture, Spotted Lanternfly Trucking Permits are required for all businesses and organizations who will be moving within or from the quarantine zone while working.
More details and examples can be found at Do I Need a Permit?
Who reports violations to the Clearinghouse?
Employers and Medical Review Officers (MROs) are both required to report drug and alcohol program violations in the Clearinghouse per § 382.705. Employers can hire a consortium/third-party administrator (C/TPA) in the Clearinghouse, such as DISA, to assist with meeting these reporting requirements; however, the employer retains ultimate responsibility for compliance. According to the Clearinghouse, employers are responsible for reporting the following:
• An alcohol confirmation test with a concentration of 0.04 or higher
• Refusal to test (alcohol) as specified in 49 CFR § 40.261
• Refusal to test (drug) not requiring a determination by the MRO as specified in 49 CFR § 40.191
• Actual knowledge of a drug or alcohol violation, as defined in 49 CFR § 382.107
MROs are responsible for reporting the following:
• Verified positive, adulterated, or substituted drug test result
• Refusal to test (drug) requiring a determination by the MRO as specified in 49 CFR § 40.191