essential duties or tasks that an employer, in good faith,
believes will result in carelessness, negligence or disregard
for the safety of themselves or others and disrupt business
operations.
(2) Observable symptoms of impairment from medical
marijuana may include, but are not limited to, the employee's
speech, mobility, physical dexterity, agility, coordination,
demeanor, appearance, odor or irrational or unusual behavior.
* * *
"Safety-sensitive position." A position that requires any
activity that an employer reasonably believes presents a
potential risk of harm to the health or safety of an employee or
others while under the influence of medical marijuana,
including, but not limited to:
(1) Duties performed at heights or in confined spaces,
including, but not limited to, mining.
(2) The operation of a motor vehicle, other vehicle,
equipment, machinery or power tools.
(3) Repairing, maintaining or monitoring the performance
or operation of any equipment, machinery or manufacturing
process, the malfunction or disruption of which could result
in injury or property damage.
(4) Performing firefighting duties.
(5) The operation, maintenance or oversight of critical
services and infrastructure, including, but not limited to,
electric, gas and water utilities, power generation or
distribution.
(6) The extraction, compression, processing,
manufacturing, handling, packaging, storage, disposal,
treatment or transport of potentially volatile, flammable,
combustible materials, elements, chemicals or other highly
regulated component.
(7) Dispensing pharmaceuticals.
(8) A position that requires the employee to carry a
firearm.
(9) Direct patient care or direct child care.
* * *
"Under the influence." A drug test pursuant to which it is
determined that an employee or job applicant tests positive for
marijuana at a level of tetrahydrocannabinolic acid in urine
equal to or greater than 15 nanograms per milliliter or fails to
submit to a marijuana test.
Section 2. Section 510 of the act is amended to read:
Section 510. Prohibitions.
The following prohibitions shall apply:
(1) A patient may not operate or be in physical control
of any of the following while under the influence of medical
marijuana with a blood content of more than 10 nanograms of
active tetrahydrocannabis per milliliter of blood in serum:
(i) Chemicals which require a permit issued by the
Federal Government or a state government or an agency of
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