2022 Substance Abuse Management Virtual Master Class

This solutions-focused master class will kick off with a comprehensive overview of the current regulatory landscape concerning the legality of drug testing.

This session will examine:

· When an employer may conduct drug testing on prospective and current employees—and why checking municipal statutes may be important;
· The types of drug and alcohol testing and “fitness for duty” assessment methods that are permitted under the law, which are most accurate, and what they are likely to reveal;
· The ins and outs of developing a comprehensive drug testing program designed to give you the information you need to make informed and legal hiring and other employment decisions;
· Drug and alcohol testing policy essentials and instances when enforcement of zero-tolerance policy language may spark legal issues;
· How to train supervisors and managers on reasonable suspicion and warning signs that someone might be under the influence;
· The action plan for addressing a situation in which you suspect an employee is drunk or high at work, and conducting a legally effective investigation; and
· What to do if an applicant or a current employee demands to be retested because the test revealed a false positive result.

OSHA’s controversial electronic recordkeeping rule codified an antiretaliation provision with serious implications for employer drug testing, incentive, and disciplinary programs, and under the Biden administration, the application of these policies is changing again with a modified rule under development and due for finalization in December 2022!

Certain types of post-incident drug testing may be considered illegal retaliation against employees who report injuries or safety concerns. Safety incentive programs that reward employees for the absence of injuries are another potential enforcement target. This session will cover your compliance obligations and best practices concerning post-incident drug and alcohol testing and incentive programs to help you assess your policies and ensure you stay on the right side of the line.

You’ll learn:

· How to determine whether a post-accident drug test plays a valid role in root cause analysis;
· When post-accident drug testing can constitute illegal retaliation under 29 Code of Federal Regulations (CFR) Part 1904 and Section 11(c) of the Occupational Safety and Health (OSH) Act;
· How to balance safety and legal considerations surrounding post-accident drug testing;
· OSHA’s treatment of employer drug-free workplace programs under workers’ compensation and other laws and the interaction with antiretaliation requirements;
· Strategies for ensuring that your injury reporting procedures are reasonable and do not deter employees from reporting;
· Tips for preventing retaliation issues and complaints through a culture of open communication; and
· When a drug overdose may need to be reported to OSHA under Part 1904.

The majority of states now permit the sale and use of medical cannabis by qualified patients, shifting the “marijuana problem” perspective from one involving drug-abusing workers to one relating to patients using legal medication. The quandary has been the illegal status at the federal level, but that may be changing soon!

Employers nationwide are left struggling to fully understand how recently passed state laws legalizing recreational marijuana possession and use and other state laws authorizing the use of medical marijuana impact what they can and can’t do to monitor and restrict cannabis use or possession among their employees. This is particularly challenging for employers working in a multistate environment.

While marijuana is still illegal under federal law, 37 states (plus the District of Columbia and all U.S. territories) have passed legislation giving medical cannabis usage the green light. Meanwhile, 18 states (plus D.C. and several U.S. territories) have legalized recreational marijuana. More problematic is the addition of hidden provisions at the state, county, and local level placing constraints on how employers may drug test workers, including preemployment testing. How does the evolving legal landscape concerning medical and recreational marijuana affect employment policies on drug testing and off-duty conduct?

During this session, you’ll learn:

· The changing legal landscape—where and when medical marijuana and recreational marijuana are legal in states around the country;
· Best practices for federal contractors to follow with respect to drug testing and usage to ensure they do not jeopardize federal funding;
· How state marijuana laws affect your federal compliance obligations under the Department of Transportation (DOT) and other agencies;
· Which state laws explicitly include employee nondiscrimination protections addressing marijuana use;
· How to address the off-duty use of marijuana;
· How medical marijuana laws interact with unemployment- and workers’ compensation-related benefits;
· What to do if an employee tests positive for marijuana usage; and
· The role of fitness-for-duty and return-to-work evaluations and best practices for workplace safety.

Have lingering questions about points raised during the first day of this intensive workshop, or want to revisit a fundamental concept or two from earlier in the day? Take advantage of this opportunity to get clarification from the presenter before you wrap up for the day.