75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1933
 
                         House Bill 2503
 
Sponsored by Representative BUCKLEY
 
 
                             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 discrimination in employment under certain
circumstances if discrimination is based on person's status as
medical marijuana registry cardholder or use of medical marijuana
off property or premises of employment or during hours that are
not hours of employment. Makes such discrimination unlawful
employment practice. Allows employers to discipline employees who
use medical marijuana on property or premises or during hours of
employment.
 
                        A BILL FOR AN ACT
Relating to medical marijuana in the workplace; creating new
  provisions; and amending ORS 475.340.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 475.340 is amended to read:
  475.340. Nothing in ORS 475.300 to 475.346 shall be construed
to require:
  (1) A government medical assistance program or private health
insurer to reimburse a person for costs associated with the
medical use of marijuana; or
  (2) An employer to accommodate the medical use of marijuana
  { - in any workplace - }  { +  on the property or premises of
any place employment or during hours of employment except as
provided in section 3 of this 2009 Act + }.
  SECTION 2.  { + Sections 3 and 4 of this 2009 Act is added to
and made a part of ORS  + }  { +  475.300 to 475.346. + }
  SECTION 3.  { + (1) It is unlawful for an employer to
discriminate against a person in hiring, termination or any term
or condition of employment or otherwise penalize a person if the
discrimination is based on:
  (a) The status of the person as a registry identification
cardholder; or
  (b) A positive drug test for marijuana if the person is a
registry identification cardholder and the medical use of
marijuana does not occur on the property or premises of the place
of employment or during the hours of employment.
  (2) The prohibition established by this section does not apply
to an person employed in a safety-sensitive position. As used in
this section, 'safety-sensitive position' means a position in
which:
  (a) The medical use of marijuana could affect the performance
of the employee and endanger the health and safety of others;
  (b) The duties involve a greater than normal level of trust,
responsibility for or impact on the health and safety of others;
  (c) Errors in judgment, inattentiveness, or diminished
coordination, dexterity, or composure while performing the duties
of the position could clearly result in mistakes that would
endanger the health and safety of others; and
  (d) The employee works independently, or performs tasks of a
nature that it cannot safely be assumed that mistakes such as
those described in this subsection could be prevented by a
supervisor or another employee.
  (3) 'Safety-sensitive position' includes a position that:
  (a) Involves the performance of a 'safety-sensitive function'
as described in 49 C.F.R. 655.4; or
  (b) Is held by a law enforcement official as defined in ORS
147.005.
  (4) Nothing in this section prohibits an employer from
terminating the employment of, or taking other corrective action
against, an employee who is impaired on the property or premises
of the place of employment or during the hours of employment,
because of the medical use of marijuana. + }
  SECTION 4.  { + (1) Any violation of section 3 of this 2009 Act
by an employer is an unlawful employment practice.
  (2) Complaints alleging a violation of section 3 of this 2009
Act may be filed by an employee with the Commissioner of the
Bureau of Labor and Industries. The commissioner shall enforce
section 3 of this 2009 Act in the manner provided in ORS chapter
659A for the enforcement of other unlawful employment practices.
  (3) Any person claiming to be aggrieved by a violation of
section 3 of this 2009 Act may bring a civil action in the manner
provided in ORS 659A.885. + }
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