Lawmakers revisit worker protections for off duty pot use

Proposed bill would also change state law to protect job seekers who use substances like pot.

  • By Wire Service
  • Monday, December 17, 2018 6:50pm
  • Northwest

Associated Press

SALEM, Ore. — Oregon lawmakers will consider making it illegal for businesses to fire employees who flunk drug tests for using marijuana off the clock, reviving a workers’ rights campaign that failed in the statehouse last year.

The Statesman Journal reported that a proposed bill would also change state law to protect job seekers who use substances like pot that are legal here.

The proposal reflects a debate over whether Oregon workers should be forced to abstain from marijuana use — which is allowed under state law but remains federally illegal — for fear of getting fired or losing an employment offer.

Senate Bill 301, which represented a previous attempt to loosen employment restrictions, failed in 2017. That bill generally dealt with discrimination against medical marijuana cardholders who tested positive for the cannabis.

The latest proposal has come before the Senate Interim Committee on Judiciary, chaired by Sen. Floyd Prozanski, D-Eugene. Prozanski said Monday that the concept was a redrafted form of SB 301.

“We’ll definitely have some discussions” on the proposal, he said.

The proposed bill wouldn’t allow employees to use pot if their collective bargaining agreements prohibit partaking while off-duty, or if there is a “bona fide occupational qualification” associated with their job. It also does not permit working under the influence.

SB 301 included exceptions for labor agreements, workers doing their jobs while impaired and contracts between employers and federal officials that require employers to have ” a drug-free workplace” to receive federal dollars.

“There are a lot of questions employers have when it comes to establishing workplace rules, particularly when it comes to cannabis,” said Beau Whitney, a senior economist with Washington, D.C.-based cannabis think tank New Frontier Data.

Court rulings on the matter have largely favored employers, he said. “The employers have the say in terms of establishing expectation when it comes to their workers,” Whitney said.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Northwest

Ferguson said the state would, “not be bullied or intimidated by threats and legally baseless accusations.” (Photo by Bill Lucia/Washington State Standard)
WA ‘will not be bullied or intimidated,’ Ferguson tells Bondi

The governor on Tuesday responded to a letter from the U.S. attorney general warning the state over its “sanctuary” immigration policies.

WA fire officials press for safety reforms amid accessory dwelling unit surge

Some units are getting squeezed onto lots without enough space to get emergency equipment to front doors. They seek changes in the state building code.

Paramedics and first responders attend to one of two injured workers at a worksite in 2024. Interpreters for the state Department of Labor and Industries serve those injured while working for an employer that is self-insured and does not participate in Washington’s workers’ compensation system. (Duck Paterson photo)
Washington interpreters demand state address more than $280K in missed payments

The state Department of Labor and Industries doesn’t pay these interpreters directly, but they say the agency could pressure companies to properly compensate them.

A ‘no trespassing’ sign on a fence outside the Northwest ICE Processing Center. (Photo by Grace Deng/Washington State Standard)
Tacoma detention center must pay for violating minimum wage law, appeals court affirms

The facility’s for-profit operator has argued it shouldn’t have to pay Washington minimum wage to immigrant detainees. An appeals court on Wednesday disagreed for the second time.

In all of 2024, the total number of Washingtonians with concealed carry licenses increased by fewer than 6,000, compared to about 14,000 already this year, state data show. (Photo by Aristide Economopoulos/NJ Monitor)
Concealed carry licenses in Washington jump after approval of gun permit law

The number of Washingtonians licensed to carry concealed pistols is climbing rapidly… Continue reading

Judge John Coughenour. (Photo provided by U.S. District Court for the Western District of Washington)
‘It’s just so disgusting’: Judges in WA detail threats after Trump-related rulings

After Judge John Coughenour ruled against the Trump administration, local authorities received… Continue reading

Crews put in stripes on a stretch of express lanes on Interstate 405 in 2015. (Photo courtesy of Washington State Department of Transportation.)
New work zone speed cameras cite 7K drivers in 90 days

Thousands of Washington motorists have been caught speeding through highway work zones… Continue reading

Washington’s food banks are on the brink

Some have already pulled back on what they’re offering, as federal cuts and heightened demand drive deep worries about what comes next.

Amanda Cowan/The Columbian
Congressional candidate Joe Kent debates the issues with U.S. Rep. Marie Gluesenkamp Perez at KATU studios in Portland on Monday night, Oct. 7, 2024.
US Senate confirms Joe Kent to lead a national intelligence agency

Kent lost two consecutive runs to represent southwest Washington in the U.S. House. Sen. Patty Murray slammed him as uniquely unqualified for the job.

Incumbent House members and their opponents have been raising money ahead of the 2026 midterms. (stock photo)
As 2026 midterms loom, Washington’s congressional lawmakers rake in cash

Washington’s most vulnerable Democrat in the U.S. House had a strong fundraising… Continue reading

A section of the Oak Creek drainage area that was not treated with tree thinning or prescribed burns before the Rimrock Retreat Fire in 2024. Due to the forest density and a high amount of ground cover, the fire burned intensely in this area, killing all trees and destroying the soil. (Photo by Emily Fitzgerald)
Drop in state funding for WA’s work to prevent severe wildfires is stoking concerns

The state’s top public lands official is urging lawmakers to restore the spending to previous levels after they cut it by about half this year.

The Washington state Capitol. (Bill Lucia / Washington State Standard)
These new Washington laws take effect July 27

Housing, policing and diaper changes are among the areas that the legislation covers.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.