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Post-accident Drug Testing: Balancing Safety, Legal Considerations, and OSHA’s Antiretaliation Stance

Cannabis in the Workplace: Maintaining Safety on the Job Amid Changing State Laws

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Post-accident Drug Testing: Balancing Safety, Legal Considerations, and OSHA’s Antiretaliation Stance

Webinar Rebroadcast: Monday, November 18, 2019

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


WEBINAR SNAPSHOT: Learn how to conduct post-accident drug testing in a legally compliant manner that doesn’t run afoul to OSHA’s antiretaliation stance.


 

Thirty-four states currently allow medical use of marijuana, and recreational use of marijuana is legal in 11 states—and these numbers are constantly changing. 

In addition, a growing number of states restrict the circumstances under which employers can conduct drug testing of employees, and some have implemented protections that prevent employers from discharging or declining to hire an employee for possessing a medical marijuana prescription. 

Marijuana also poses unique challenges compared to other substances, as there is currently no universally agreed-upon test or threshold that differentiates impairment from recent use.

Amid this changing landscape, employers must balance legal obligations with safety considerations and develop effective policies and procedures surrounding marijuana use, drug testing, fitness for duty, and impairment.

Join us on November 18 for a rebroadcast of a widely popular webinar with skilled OSHA and employment law Attorney Adele L. Abrams, CMSP, who will explain how to draft and enforce policies and procedures to ensure marijuana doesn’t cause unnecessary safety risks or legal liabilities

You’ll learn how to: 

  • Distinguish between safety-sensitive and non-safety-sensitive jobs through accurate job descriptions, and how the ADA’s “direct threat to safety” affirmative defense really works
  • Identify the impact of OSHA’s antiretaliation provisions on workplace drug testing programs
  • Recognize the circumstances OSHA may consider drug and alcohol testing to constitute illegal retaliation
  • Balance competing safety and legal considerations surrounding the situations where drug testing may be used
  • Identify the signs and symptoms of impairment on the job
  • Recognize what constitutes a reasonable basis for drug testing
  • Develop a drug and alcohol testing policy that protects the safety and health of employees and the public 

About Your Presenter

Adele AbramsAdele L. Abrams, Esq., CMSP
President
Law Office of Adele L. Abrams PC

Adele L. Abrams is an attorney and Certified Mine Safety Professional who is president of the Law Office of Adele L. Abrams P.C., a multi-attorney firm with offices in Beltsville, MD, Denver, CO, and Charleston, WV. The firm represents employers in OSHA and MSHA litigation nationwide, and her firm also handles employment law matters in a large number of states. Ms. Abrams and her firm colleagues provide employment and safety law consultation, safety audits, industrial hygiene assistance, and training services to companies in a variety of industries.

She is a member of the Maryland, DC and PA Bars; the U.S. District Courts of Maryland, DC, and TN; the U.S. Court of Appeals, DC Circuit 3rd Circuit, and 4th Circuit; and the United States Supreme Court. She also serves on the adjunct faculties of the Catholic University of America in Washington, DC, and the University of Colorado-Boulder, where she teaches on employment, labor and occupational safety law.

She has been a professional member of ASSE (now ASSP) since 1997 and has been a SPY award recipient at the practice specialty, chapter, and regional level multiple times. She is an active member of the National Safety Council, where she was awarded the Distinguished Service to Safety Award (DSSA) in 2017. Adele has co-authored several textbooks on employment law, occupational and mine safety and health, and is a regular columnist on safety law issues for multiple magazines