On Wednesday the Oregon Court of Appeals issued a ruling that ensures a hazy future for many safety-conscience Oregon employers. In fact, I am left asking myself, “what are those judges smoking?”
In an opinion written by Judge Timothy Sercombe, the Court of Appeals ruled that employers with bona fide safety concerns and who have strong drug-free workplace policies are unable to apply those policies to medical marijuana card holders who smoke pot off the job.
Here is a blurb from the Associated Press:
“The Oregon Court of Appeals has ruled that an employer must make a reasonable accommodation for medical marijuana use for a disability”¦”
“Employers do not have to let patients smoke marijuana in the workplace. But the Oregon Medical Marijuana Act approved by voters in 1998 was unclear about whether employers must accommodate workers who smoke medical marijuana off the job.”
Think about this for a moment.
If you are a sawmill, trucking company, or construction contractor can you afford the risk of having someone — possibly high or recently high on drugs — putting your employees, customer and the public at risk?
The case will surely move to the Oregon Supreme Court, but what do you think? Should Oregon employers be able to maintain a drug-free work place?