Governor Kevin Stitt signed House Bill 3127 into law, which will allow employers to more strictly enforce drug-free workplace policies and fire employers who test positive for any cannabis use – including medical – assuming a written drug policy was established beforehand.

Previously, Oklahoma law restricted employers from firing workers who tested positive for marijuana use if the employee was a licensed medical marijuana user – unless the employee was using marijuana on the job or working in a safety sensitive position.

Additionally, all safety sensitive positions are now subject to zero-tolerance policies for drugs and alcohol, regardless of employer policies. The bill updates the definition of safety sensitive positions to any position in which the employee performs one or more of the following duties, including but not limited to:

• The handling, packaging, processing, storage, disposal, or transport of hazardous materials
• The operation of a motor vehicle, other vehicle (sic), equipment, machinery, or power tools
• 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, but not limited to, electric, gas, and water utilities, power generation or distribution
• The extraction, compression, processing, manufacturing, handling, packaging, storage, disposal, treatment or transport of potentially volatile, flammable, combustible materials, elements, chemicals or any other highly regulated component,
• Dispensing pharmaceuticals,
• Carrying a firearm
• Direct patient care or direct child care

The bill will go into effect November 1st.