Does Oklahoma’s medical marijuana law have a safety-sensitive carve-out?
Oklahoma’s medical marijuana law prohibits an employer from refusing to hire, discipline, or penalize an applicant or employee based solely on a marijuana-positive drug test. Recently they passed legislation that creates an exception for positions involving safety-sensitive duties. This includes positions that involve duties that an employer reasonably believes could impact the health and safety of the employee or others. Examples of safety-sensitive positions include, but aren’t limited to, operating motor vehicles, equipment, machinery, or power tools, dispensing pharmaceuticals, direct patient or child care, or handling, packaging, processing, storing, disposing, or transporting hazardous materials, etc. Employers should establish which positions are safety-sensitive within their company and provide a clear and concise written drug testing policy abiding by Oklahoma medical marijuana laws. Once that’s complete and you share it with your employees, you should be in good shape!
Which CCF forms have changed?
The Department of Transportation (DOT) recently made two key changes to DOT-regulated Custody and Control Forms (CCF), which is pertinent to those using paper forms. The first change is the addition of a Commercial Driver's License (CDL) state and number. The second change is that the new form accommodates the future use of oral fluid (saliva) specimens for DOT testing. More information can be found on our article "DOT-Regulated CCF Changes You Need to Be Aware Of".
How do I change over to eCCFs?
If you’re not yet utilizing eCCFs, it’s easy to get started! Simply click on the yellow “WalkMe” button at the top of DISAWorks or DISA360, then select “Order a Drug Test (eCCF)”. The guided WalkMe process will take you step-by-step through the entire process. Get started at our article "How to Get Started Using eCCFs"
What happens if you fail a drug screen?
If one of your employees fails a drug screen and they are in a safety-sensitive position, they must be removed from duty immediately. If the employee is not in a safety-sensitive position, then disciplinary actions can vary based on company policy. Some employers offer Return-to-Duty testing which is given after an employee has violated a company’s drug and alcohol policy and gives the employee an opportunity to get healthy and return to work. Before returning to the company drug testing program, the employee must follow through with the Return-to-Duty process, which can vary by company and industry specifications. Some programs include an evaluation by a Substance Abuse Professional (SAP), education and treatment programs, Follow-Up testing, and more. Contact your HR Representative for more information. Employees in a DISA mandated drug and alcohol testing program that are interested in going through DISA's 'return-to-duty' process can visit our Return To Duty (RTD) Drug Testing page.