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Course Details

Cannabis In The Workplace: Comply With State Laws, Keep Workers Safe, And Correctly Apply The ADA's Direct-Threat-To-Safety Defense

About This Course:
Thirty-three states currently allow medical use of marijuana, 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. Further complicating matters is the widespread use of legal CBD products across all 50 states – and the potential that this non-FDA regulated substance can also trigger positive drug tests.
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. The impact of recent decisions on employer payment for cannabis used in workers’ comp treatment, and the cobbling together of state cannabis laws with their disability protection laws to evade the ADA case precedent will also be examined.
Join us for an all-new webinar with Attorney Adele Abrams on how to maintain a safe workplace amid changing state laws legalizing marijuana.
After attending this webinar, you’ll be able to:
  • Distinguish between safety-sensitive and non-safety-sensitive jobs through accurate job descriptions, and understand 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, and the latest changes to OSHA policy
  • 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, including a realistic view of what constitutes a “safety sensitive” position
  • 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
What You'll Learn:After attending this webinar, you’ll be able to:
  • Distinguish between safety-sensitive and non-safety-sensitive jobs through accurate job descriptions, and understand 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, and the latest changes to OSHA policy
  • 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, including a realistic view of what constitutes a “safety sensitive” position
  • 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
Course Details
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