Protecting Employee Rights
As more people use medical marijuana to manage their health conditions, employers in Oklahoma are facing new challenges when it comes to managing drug use in the workplace.
Here’s what you need to know about the legal implications of medical marijuana in the workplace in Oklahoma.
The first thing is employment policies. Employers in Oklahoma can create and enforce their own drug policies, which can include drug testing and prohibitions of drug use in the workplace. However, these policies must comply with state and federal anti-discrimination laws.
The second thing is medical marijuana users. In Oklahoma, employers cannot discriminate against employees who are registered medical marijuana users unless the employer can prove that the employee’s use of medical marijuana would adversely affect their job performance.
The third thing is drug testing. Employers in Oklahoma can still drug test their employees, but they must be careful not to discriminate against medical marijuana users. For example, if an employee tests positive for medical marijuana, but has a valid medical marijuana card, the employer must determine if the employee’s use of medical marijuana is impairing their job performance.
The fourth thing is reasonable accommodations. Under the Americans with Disabilities Act, employers in Oklahoma may be required to provide reasonable accommodations to employees who use medical marijuana to manage a disability.
And the fifth thing is workplace safety. In Oklahoma, employers have a duty to provide a safe workspace for the employees. If an employee’s use of medical marijuana could pose a safety risk, the employer may have the right to take disciplinary action or even terminate the employee.
So for more information, you can contact me, an OMMA compliance attorney in Tulsa, at oklahomamedicalmarijuana.attorney.