As we gather new information regarding Oklahoma medical marijuana laws and regulations we will continue to add to this page. The last update was on 09/02/2019.
In 2018, the opioid epidemic was at its peak with prescription pain killers becoming a gateway drug leading to drug abuse of fentanyl and heroin. After three waves of opioid overdose deaths, which saw drug abusers jump from opiates to fentanyl then heroin, we’re now entering the fourth, which is methamphetamine. As legislation enforces new opioid laws, the opioid epidemic is causing an increase in methamphetamine use.
To combat drug abuse in the workplace, employers have several ways to secure a safer working environment. A clear, concise, and comprehensive drug testing policy is critical, but employers also need to ensure their management is trained to identify drug and alcohol abuse on the job as soon as it begins.
As of June 25, 2019, Illinois became the 11th state to legalize recreational marijuana, implementing the Cannabis Regulation and Tax Act (the Act) which legalizes recreational marijuana use for persons aged 21 and older and implements a tax, sales, and regulatory system. For employers, the Act includes provisions that will likely require an update to their workplace drug testing policies before the bill goes into effect on January 1, 2020.
As of June 15, 2019, Tennessee passed HB 389 and SB 312 which adjusts the Tennessee voluntary prescription law. The updated statute allows employers to adopt drug testing practices that limits the timeframe for a prescription to six months within the date of an applicant or employee’s drug test. The optional provision states that a Medical Review Officer (MRO) who is reviewing a prescription following a confirmed positive drug test result can only consider a prescription that was issued in the previous six months as “valid”. Typically, Tennessee’s voluntary laws closely align with the Department of Transportation (DOT) 49 CFR Part 40 (Part 40) which does not give a set length of time for MROs to determine a “valid” prescription when overturning a non-negative/positive test result. However, Tennessee strays from that pattern in the new law and the MRO’s standard takes another approach as outlined below.
Drug use in the workplace can come at a great cost and with may risks to both employers and employees alike. With the opioid epidemic on the rise and the legalization of marijuana changing across states, it’s imperative that employers are well informed of not only how to detect impairment in the workplace, but what actions they can or cannot take. Unfortunately, technologies aren’t quite at the level of detecting whether or not someone is currently impaired, but there are steps and precautions an employer can take to protect their company from employees who abuse or misuse drugs while on the job.
On June 5, 2019, Governor Steve Sisolak of Nevada became the first state governor to sign into law a bill prohibiting employers from taking action based on a positive pre-employment test for marijuana. First proposed in February 2019, Assembly Bill 132 (AB 132) progressed quickly with only few committee amendments. AB 132 goes into effect on January 1, 2020.
Building and developing your company’s drug testing policy is just the beginning of meeting and maintaining compliance standards. Once your company policy exists, it’s your duty to ensure that your drug testing policy and practices meet legislative, regulatory, and industry standards in support of public safety and employee’s workplace rights. Failing to meet requirements or erroneous policies can result in costly fines and penalties, which supports the value of making mock audits a business priority for your compliance program.
