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." One or more of the following:
(1) A drug test pursuant to which it is determined that:
(i) the level of tetrahydrocannabinolic acid in an
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