Plainsman1963

Marijuana and the Workplace
03.14.07|Oregon Live|Edward Walsh

t may soon become easier for Oregon employers to enforce drug-free workplace policies, even against employees who hold valid state medical marijuana cards, under a bill passed by the Oregon Senate Wednesday.

Sponsors of the measure, Senate Bill 465, said it was meant to clarify the rights of employers under the Oregon Medical Marijuana Act, a ballot initiative that voters approved in 1998. That act states explicitly that employers are not required to accommodate the use of marijuana by employees who have a medical marijuana card.

According to Sen. Rick Metsger, D-Welches, lack of clarity in the law has led to several lawsuits challenging the right of employers to enforce drug-free workplace policies against medical marijuana card holders. He said the bill would make clear that employers have a right to enforce policies such as mandatory drug testing against all employees, whether or not a drug was used in the workplace.

Opposition to the bill was led by Sen. Floyd Prozanski, D-Eugene, who said an individual could be denied employment or be fired simply for having a medical marijuana card. Metsger replied that nothing in the bill would require employees to disclose that they are medical marijuana card holders and that employers were free to accommodate them or not.

Calling the measure "a very broad stroke," Prozanski said the bill "will allow individuals to be discriminated against simply because they are a card holder in a state-sanctioned program."

The Senate passed the bill 23-5. Joining Prozanski in opposition were Sens. Vicki Walker, D-Eugene, Bill Morrisette, D-Springfield, Margaret Carter, D-Portland, and Avel Gordly, I-Portland.

Buzzby

What makes this patently absurd is that an employee can be popping Vicodin or Oxycontin while on the job and he will be protected from employer discrimination if he shows his prescription bottle. If he used his state-sanctioned marijuana anytime in the last month he can be fired. How crazy is that?

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dedbr

I have a friend who is a jet electrical engineer. He keeps the packages in the planes in the air.

He is not allowed to take many different drugs, even if he needs them. He was prescribed Vicodin for a wreck he was in and he was not allowed to come back to work for three days after he ate them, and pass a urine screen before he could return to work.

Discrimination against peoples legal prescriptions has been a workplace fact for years. Just another hurdle we have to jump......


Some Where In Ded Land...........

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Sec

You two arent really advocating employees be allowed to be under the influence of performance altering drugs while at work are you?

Say I am in major pain and a doctor prescribes Codine or Vicoden or even Morphine. Should I be allowed to fly that planeload of tourists around the Statue of Liberty 2 hours after popping the pills?

There is a reason the doctor says not to work while taking certain medications. There is also a reason there is a warning label on prescription bottles. You know, the "do not operate heavy machinery", "do not drive", "May cause drowsiness", "Take with food", whatever the warning. IF it says you should not drive, how in the hell are you gonna even get to work, let alone operate that assembly line safely?

If marijuana didn't stay detectable in the body for so long after the effects wear off, there would be no problem testing for it in the workplace. I have read both of you say that working while high is generally not a good idea (unless of course you work on a desert island where everything is provided for you). The conflict lies in the fact that you could have been under the influence of MJ while on vacation in Mexico 2 weeks ago, then your employer tests you and you are punished for NOT being under the influence, but rather containing residual evidence in the body. Most other drugs, the detectability wears off soon after the effects do. I am all for the freedom to use what ever drug a person chooses, however; I am also for the right to work in a safe environment (including the commute to work).

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Buzzby

In general, no. There are some jobs I couldn't imagine doing without something to alter my consciousness. Rock musician. Burger flipper. House painter. Ditch digger. Science-Fiction writer. Mystic philosopher. Sadhu. Dog trainer.

No. As I said, it depends on the job.

That was my point. Many acceptable meds would certainly affect your ability to do a job more than yesterday's or last week's pot smoking.

dedbr

Your right sec, it's a thorny issue. If it was only herb I would say descrimination, but it's other drugs too that face the same problem, not just herb.

We need a test that shows intoxication of the herb.

sec, if you want to drive to work safe, don't.....driving is dangerous....


Some Where In Ded Land..........