LEGISLATURE NEEDS IMPROVED POT BILL

The bill to limit medical marijuana in the Oregon workplace died --
smothered by opposition from businesses. House Bill 3635 was a bad
bill, but the problem the bill tried to address hasn't gone away.

Under Oregon's 1998 medical marijuana law, employers don't have to let
patients smoke pot on the job. The law isn't clear, though, about what
employers may do about an employee who comes to work impaired.

A 2006 Oregon Supreme Court decision didn't clear the air. In that
case, a millwright had muscle spasms in his legs that made it hard to
sleep. He used prescription medication and then switched to medical
marijuana. He said it worked better.

His employer had a workplace drug policy that prohibited employees
from reporting to work with a controlled substance in their system.
The millwright tested positive. The employer put him on a leave of
absence. The millwright asked for a test that would specifically
determine his impairment. Negotiations floundered. The company fired
him. He sued.

The court's opinion did not address whether an employer must allow
workers using medical marijuana to continue in their jobs. He charged
the company with failing to accommodate his disability. The court
ruled against him, saying he could take other medication to stop his
spasms.

Businesses have been trying the last few legislative sessions to make
it clear that companies should not be required to accommodate medical
marijuana users. House Bill 3635 took a faltering step. It said
employers were not required to accommodate the drug or other drugs in
specific hazardous occupations such as mining, working with explosives
and logging. That sounds all well and good.

But the Associated Oregon Industries, who has been fighting for a
comprehensive medical marijuana bill, thought the bill stunk.

The bill defined hazardous employees too narrowly. It wouldn't include
people who sometimes drive for an employer. A driver high on pot can
be just as dangerous as somebody working with explosives.

The bill also created a requirement for a medical review officer. An
employee could submit information to the review officer to contest
that they were impaired at work and that it had to do with other drug
use within a 60-day period. AOI argued that would create a difficult
situation for employers -- having to prove when the drugs were taken.
Oregon employers have a well-founded interest in whether their
employees' use of drugs might injure themselves or others. House Bill
3635 didn't solve the problem. The Legislature needs to come back with
a better bill next year.