Issue link: http://palletcentral.uberflip.com/i/946815
28 PalletCentral • January-February 2018 palletcentral.com impairment is believed to be a causal factor in the accident. The final rule gives the MRO latitude in determining whether a prescription is "legally valid" and there is no maximum duration for the length of time that a prescription can be used by the person to whom it was prescribed. The rule adds that the MRO cannot question the appropriateness of the employee's physician's prescribing practices, nor can the MRO deny a legitimate medical explanation simply because the MRO thinks that the medication should not have been prescribed to the patient. The rule's preamble emphasizes: "Regardless of any state 'medical marijuana' laws, there cannot be a legally valid prescription for marijuana, since it remains a Schedule I substance under the CSA ... MROs must not treat medical marijuana authorizations under state law as providing a legitimate medical explanation for a DOT drug test that is positive for marijuana." Not only has the federal government taken an official stance through this DOT rule, current case law supports termination of workers in safety-sensitive for positive marijuana tests, even when the employee has a medical recommendation from a physician, holds a valid medical marijuana card, and tests positive but does not appear impaired. However, some states have held that a positive drug test for marijuana under such circumstances does not constitute misconduct for the purpose of disqualifying the worker from receiving unemployment benefits. Additional recent cases involving refusal to hire applicants who hold medical marijuana cards suggest that some state laws may be more liberally interpreted to provide protections absent actual impairment or assignment of safety-sensitive duties. There appears to be no duty to accommodate medical marijuana use under the federal Americans with Disabilities Act, but interpretation of analogous state laws may vary and this is a quickly evolving area of case law so it is advisable to confer with counsel before adopting new substance abuse testing policies. PC OSHA Adele L. Abrams is an attorney and safety professional who represents companies in litigation with OSHA and also provides safety training and consultation. The Law Office of Adele L. Abrams PC has three offices: Beltsville, MD; Denver, CO; and Charleston, WV. Adele can be reached at 301-595-3520 or www.safety-law.com. iStockphoto.com/juststock