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Opioids and Marijuana in the Workplace: Strategies for Post-Accident Drug Testing, Managing Leave, and Limiting Liability

Opioids and Marijuana in the Workplace: Strategies for Post-Accident Drug Testing, Managing Leave, and Limiting Liability

Product Code: YSWA031518

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Opioids and Marijuana in the Workplace: Strategies for Post-Accident Drug Testing, Managing Leave, and Limiting Liability

Live Webinar: Thursday, March 15, 2018

1:30 p.m. to 3:00 p.m. Eastern/10:30 a.m. to 12:00 p.m. Pacific


WEBINAR SNAPSHOT: Learn legal strategies for developing, implementing, and evaluating your drug-use policy to better manage the impact of the opioid epidemic and the legalization of medical and recreational marijuana in your workplace.


 

The growing use of opioids and marijuana results in unique challenges for both safety and HR managers: addiction and its associated side effects, the appropriateness of providing reasonable accommodations, and the duty to maintain a drug-free workplace. 

Although marijuana remains an illegal controlled substance under federal law, many states have de-criminalized recreational usage, and medical marijuana usages is also permitted in some states. Employers therefore have questions about if and when they can screen-out applicants based on positive drug test results or how they can conduct legal post-accident drug testing. 

In addition, employers are also wondering where drug-free workplace policies and drug testing protocols should be updated to reflect the legality of recreational marijuana use or transfer in the workplace, and whether reporting to work under the influence of marijuana is strictly prohibited. Employers need to know if de-criminalization of marijuana impacts the enforcement of the employer’s policies – and which policies they can continue to enforce.

Join us on March 15th when Patricia Eyres, a skilled attorney who specializes in ADA compliance, leaves of absence management and related workplace matters, will address these issues, and more, to give you a comprehensive look at how to handle opioids and marijuana in the workplace. She will explain practical—and legal—steps you must take to manage the impact of the opioid epidemic and the growing legalization of medical and recreational marijuana. 

You’ll learn: 

  • What to consider when updating a drug-free workplace policy in states where recreational and/or medicinal marijuana have been decriminalized 
  • The practical impact opioid usage can have worker productivity and safety, and when you have an obligation to take action under OSHA’s general duty clause 
  • How to align post-incident drug testing policies with OSHA’s new rule to improve tracking of workplace injuries and illnesses 
  • What to do with employees who have chronic pain caused by an industrial injury and the impact on early RTW programs 
  • How to cope with leaves, accommodations and performance feedback for employees with long term, chronic conditions (often non-industrial conditions) that require pain management or prescriptions 
  • How to recognize a “trigger” to conduct an interactive process under the ADA when opioid dependencies or side effects may require a reasonable accommodation evaluation 
  • Differences between FMLA leaves and ADA reasonable accommodations for employees with non-industrial chronic pain 
  • What to do if an employee appears impaired on the job 
  • What you can and can’t do to enforce drug-free workplace policies where medical and/or recreational marijuana usage is permitted under state law 
  • Strategies for improving your drug-free workplace policies—and how to align your benefits programs with such policies 
  • How to handle confidentiality and electronic recordkeeping issues so you don’t spark legal liabilities for your organization 
  • Steps to take to enforce your drug-use policy without violating the ADA, the FMLA, or other federal laws, such as HIPAA

About Your Presenter

Patricia Eyres, Esq.Patricia S. Eyres, Esq. 
Managing Partner 
Eyres Law Group, LLP 

Patricia S. Eyres, Esq., the Managing Partner of Eyres Law Group, LLP, focuses on helping employers manage disability discrimination issues for both workers’ comp and non-occupational disabilities. As CEO/Publisher of Proactive Law Press, LLC, Eyres trains managers and supervisors on how to recognize risks, prevent lawsuits, and maintain defensible documentation. 

 

Have a specific question related to the topic of this audio conference? Post it here and get an answer during the event, time permitting, or in a follow-up e-mail from the audio conference presenter. This is only available to audio conference registrants.

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