Oregon HB 3428: Relating to cannabis-related employment matters within the public health care sector.

Bill Text

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82nd OREGON LEGISLATIVE ASSEMBLY--2023 Regular Session
House Bill 3428
Sponsored by Representative NOSSE
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced.
Prohibits public health care employer from denying employment to prospective employee or
taking adverse employment action against existing employee solely on basis of positive drug test for
cannabinoid metabolites.
Provides circumstances under which public health care employer may take adverse employment
action against employee when employer reasonably suspects employee is impaired at work. Provides
remedies to employee who alleges employer violation of requirements.
Requires public health care employer to establish and implement workplace policies regarding
workplace impairment due to recent use of marijuana.
Requires Director of Department of Consumer and Business Services, in collaboration with
Commissioner of the Bureau of Labor and Industries, to establish program for investigation and
nonbinding arbitration of claims of violations of provisions of Act.
Requires Director of Department of Consumer and Business Services, in collaboration with
Commissioner of the Bureau of Labor and Industries, to develop materials that inform and educate
public health care employers on impacts to workplace resulting from recent marijuana use by em-
ployees.
Requires Director of Department of Consumer and Business Services to conduct study, in col-
laboration with Commissioner of the Bureau of Labor and Industries and Oregon Health Authority,
regarding best models for use by public health care employers in addressing workplace issues re-
lated to marijuana use and detection of impairment. Requires director to report to interim commit-
tees of Legislative Assembly related to labor and business on results of study.
A BILL FOR AN ACT
Relating to cannabis-related employment matters within the public health care sector.
Be It Enacted by the People of the State of Oregon:
SECTION 1. (1) As used in sections 1 to 4 of this 2023 Act:
(a) “Cannabinoid” has the meaning given that term in ORS 475C.009.
(b) “Marijuana” has the meaning given that term in ORS 475C.009.
(c) “Public health care employer” means a public employer within the health care sector
that is also a recipient of state funds.
(2) A public health care employer may not deny employment to a prospective employee
or take an adverse employment action against an existing employee solely on the basis that
the prospective employee or the existing employee has tested positive for cannabinoid
metabolites in connection with any employment-related drug test required by the employer.
(3)(a) Notwithstanding subsection (2) of this section, a public health care employer may
take an adverse employment action against the employee if:
(A) The employer reasonably suspects that an employee is impaired at work due to recent
marijuana use;
(B) The employer’s reasonable suspicion of the employee’s workplace impairment is based
upon and supported by evidence-based protocols that are set forth in the employer’s written
policies required under subsection (4) of this section; and
(C) The adverse employment action is taken in accordance with the employer’s written
policies.
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 3819

HB 3428
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(b) A public health care employer may not rely solely on a positive test result that con-
firms the presence of cannabinoid metabolites to establish the employer’s reasonable suspi-
cion of workplace impairment.
(4) Each public health care employer shall establish and implement written policies and
procedures relating to workplace impairment due to the recent use of marijuana. The policies
must:
(a) Include evidence-based protocols, other than drug testing, for identifying physical or
behavioral signs of impairment upon which the employer may rely to establish reasonable
suspicion of workplace impairment.
(b) Include standards and procedures for:
(A) Training supervisory staff on implementing evidence-based protocols to recognize
possible incidents of workplace impairment due to recent marijuana use.
(B) Training supervisory staff on documenting any observed physical or behavioral signs
that are indications of workplace impairment.
(C) Investigating incidents of workplace impairment.
(c) Require that any adverse employment action taken by an employer against an em-
ployee be supported by the employer’s reasonable suspicion of workplace impairment.
(d) For purposes of this subsection, evidence-based protocols must include