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Substance Abuse and Post-Accident Drug Testing: Safety and Legal Considerations, OSHA’s Antiretaliation Stances and More - On-Demand

Substance Abuse and Post-Accident Drug Testing: Safety and Legal Considerations, OSHA’s Antiretaliation Stances and More - On-Demand

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Substance Abuse and Post-Accident Drug Testing: Safety and Legal Considerations, OSHA’s Antiretaliation Stances and More - On-Demand

Webinar now available On-Demand.


WEBINAR SNAPSHOT: Learn how to determine if you have reasonable suspicion to drug test for suspected opioid or other substance abuse without violations OSHA’s antiretaliation stance.


The prevalence of opioids and substance abuse in the workplace presents significant safety hazards. Employers may be more motivated than ever to implement drug testing programs to prevent accidents and reduce liability, especially following a workplace incident. 

New guidelines from OSHA about drug testing recommend reasonable suspicion training for supervisors, but also contain some traps for the unwary. There are few resources available yet to help employers develop this type of training. 

A maze of legal and practical considerations poses significant challenges to conducting post-incident drug tests. OSHA’s antiretaliation provisions limit the situations where post-accident drug testing may be used, and some states have placed increasing limitations on the situations in which drug testing is allowed altogether, or have specific rules governing tests for legally prescribed drugs or even for medical cannabis. 

Additionally, testing for impairment for substances other than alcohol is notoriously difficult. Employers must strike a balance between these competing considerations and develop a strategy that prioritizes safety, limits legal liability, and maintains a trusting, respectful relationship with employees.

Use this on-demand webinar with Attorney Adele Abrams on how to navigate the tricky compliance and workplace safety landscape when you suspect opioid, medical cannabis, recreational marijuana, or other forms of substance use and abuse. 

At the conclusion of this program, participants will be able to:

  • Identify the circumstances in which OSHA may consider drug and alcohol testing to constitute illegal retaliation
  • Recognize which substances are most likely to appear in your workplace given the latest developments and trends in the substance abuse crisis
  • Identify how OSHA’s post-incident drug testing rule interacts with other federal and state drug testing laws
  • Implement best practices for balancing competing safety and legal considerations when developing a drug testing strategy and addressing “reasonable accommodation” and “direct threat to safety” issues under the federal ADA and related disability protection laws
  • Develop reasonable suspicion training for supervisors
  • Create a drug and alcohol testing policy that protects the safety and health of employees and the public
  • Understand the latest changes in medical cannabis laws and the impact of legal CBD use on drug testing  

About Your Presenter

Adele AbramsAdele L. Abrams, Esq., CMSP

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 Maryland, Colorado, and West Virginia. The firm represents employers in OSHA and MSHA litigation nationwide, and her firm also handles employment law matters in a large number of states. 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 tSeaches on employment, labor and occupational safety law.