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Legal Drug Use in the Workplace: How to Train Supervisors to Recognize Signs of Impairment and Respond Compliantly

Legal Drug Use in the Workplace: How to Train Supervisors to Recognize Signs of Impairment and Respond Compliantly - On-Demand

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Legal Drug Use in the Workplace: How to Train Supervisors to Recognize Signs of Impairment and Respond Compliantly - On-Demand

Webinar now available On-Demand.

WEBINAR SNAPSHOT: Learn how to train supervisors and managers on recognizing the signs of impairment due to prescription drug use and what to do once impairment is suspected.

Medical marijuana is legal in many states now. This means your employees may have a legal right to ingest marijuana, but what types of accommodations should supervisors and managers be prepared to make, and under what circumstances?

Consider this: When an employee is injured at work or is otherwise in pain due to a serious accident or chronic condition, the treating doctor may prescribe potent opioids and other prescription drugs to manage the patient’s pain. But, when those patients come back to work for your company, it’s important for supervisors and mangers to be able to recognize signs of impairment caused by such drugs while those employees are on duty. Otherwise, you run the risk of creating an unsafe or hazardous work environment since these prescriptions could hinder judgment and decrease mental sharpness, especially if they’re operating heavy machinery, driving for work, or otherwise engaged in conduct that requires mental clarity.

So, what should frontline supervisors and managers be looking for? How should they address a situation in which they believe an employee is under the influence of a legally prescribed substance that could render his or her performance deficient or downright unsafe?

Use this on-demand webinar for an in-depth webinar that will explore this emerging and important issue. Attorney Dena Calo of Saul Ewing LLP will provide recommendations on how to train supervisors and managers, so they’ll know what to watch out for and what to do without overstepping legal bounds under the Americans with Disabilities Act (ADA) or other laws. 

You’ll learn:

  • Direct and indirect signs that an employee may be using drugs—whether legally prescribed or not 
  • The ways in which drug usage could negatively impact your workplace 
  • Why training supervisors and managers on what to watch for can help save the company money in the long run 
  • The characteristics and behaviorial issues supervisors and managers should be looking for 
  • What supervisors and managers should do when they suspect that an employee may be abusing or selling drugs 
  • What a supervisor or manager should do when confronting an employee suspected of having drug-related issues (and what should never be done to ensure compliance under the ADA) 
  • How to keep the focus on performance, so emotions, anger, or accusations don’t become the focus of a discussion with a worker who’s suspected of being “on something” 
  • Documentation of best practices to follow for each and every incident involving observed impairments from drugs 
  • What generally constitutes reasonable suspicion warranting a fitness-for-duty examination  


About Your Presenter

Dena Calo, Esq. Dena Calo, Esq.
Saul Ewing Arnstein & Lehr LLP  

Dena Calo counsels companies through complex labor and employment risks that pose a threat to their reputation in the marketplace. As a seasoned HR strategist and employment lawyer, she understands employers are facing increasing scrutiny of their labor and employment policies and procedures from government regulators and employees. She advises management clients, particularly in the hospitality, higher education and multi-family real estate industries in Pennsylvania, New Jersey and New York, on the application of employment laws to their particular business needs, the implementation of legal HR policies, and representation in litigation in courts throughout the United States when their compliance is challenged. Ms. Calo’s perspective also stems from a combination of experience working both in private practice and in-house. Before joining Saul Ewing Arnstein & Lehr, she was director of the Human Resources Practice Group at a regional New Jersey law firm. While at that firm, she also had a secondary assignment to one of the largest real estate development companies in New York City, where she was acting Chief Human Resources Officer and Employment Counsel for the organization. In that role, Dena oversaw the HR Department and provided legal advice and employment counseling to the company on a daily basis. In addition, Ms. Calo has litigated cases to state and federal juries throughout the United States involving Title VII, ERISA, Age Discrimination in Employment Act, Americans with Disabilities Act, Family Medical Leave Act, and the Fair Labor Standards Act, state and federal constitutional issues, defamation, restrictive covenants and contract disputes.

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