Oklahoma City — A new Oklahoma law establishes a zero-tolerance drug and alcohol standard for workers in “safety-sensitive” jobs, effective Nov. 1.
Under H.B. 3127, signed by Gov. Kevin Stitt (R) on April 20, the standard applies to all workers in safety-sensitive jobs “regardless of any employer policy permitting impairment-based testing or alternative standards for positions not designated as safety-sensitive.”
The legislation provides examples of safety-sensitive tasks:
- Operating a motor vehicle or other vehicle, equipment, machinery or power tools
- The handling, packaging, processing, storage, disposal or transport of hazardous materials
- Repairing, maintaining or monitoring the performance or operation of any equipment, machinery or manufacturing process, the malfunction or disruption of which could result in injury or property damage
- Performing firefighting duties
- The operation, maintenance or oversight of critical services and infrastructure, including electric, gas and water utilities, as well as power generation or distribution
- Direct patient care or direct childcare
The law provides protections to employees who have a valid medical marijuana license from any “disciplinary action” solely on the basis of a positive drug test or for having a medical marijuana license.
Employers can still take action, however, based on impairment or the possession or use of medical marijuana while on the job.
