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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!

An invalid test result is acceptable except in the following cases:

• The employer needs a negative test result (DOT and Consortium Pre-Employment, Return-to-Duty)
• The MRO has instructed a recollection and/or medical evaluation

Return-to-Duty and SAP referrals are relevant to non-negative results so, if an employee is restricted due to an invalid test result that employee should not be subject to an RTD program (unless the client’s corporate policy indicates otherwise).