Every company, large or small, will likely have to face an issue with an employee who has a drug or alcohol problem at some point. These problems involve all employee levels in the company, from entry-level positions all the way up to the CEO.

Unfortunately, many employers wait until the problem arises before considering policies to address what will happen when the situation occurs or when an employee may be considered under the influence due to the misuse of prescription drugs.

The potential impact on overall job performance, including safe job performance, are wide-ranging. Workers are less alert and more likely to have an accident, increased absenteeism, higher illness frequency and medical costs, reduced productivity, distraction and preoccupation due to diminished attention, and possible illegal activities in the work environment.

If you have determined that your organization has a workplace drug/alcohol concern, deciding how best to address will be a challenge for the entire organization. Developing a program that will work requires the participation of almost every department in your organization, medical (in-house or contracted), health and safety, human resources, legal, manufacturing, unions, because the actual implementation will require full involvement, and coordination organization-wide to be effective.

Making the right choices for your organization including offering an Employee Assistance Program (EAP), training supervisors and other employees to assess employees who may be under the influence, assuring that your policies and program elements are in compliance with laws such as the American Disabilities Act (ADA), as well as union contractual agreements, implementing a drug testing policy, or establishing a "zero tolerance" policy will require full organizational participation.

Join us for an in-depth webinar with our presenters, an experienced lawyer and author in the area of labor and employment law and a safety lawyer now teaching in the field of safety and health, who have assisted companies of all sizes to evaluate their policies and practices in dealing with drug and alcohol challenges in the workplace.

They'll provide practical suggestions for:

• designing and implementing an effective policy
  
• avoiding legal pitfalls in dealing with the employees with drug and/or alcohol problems
• incorporating effective rehabilitation programs
• crafting last chance agreements for employees returning from rehabilitation programs

Learning Objectives:

• Evaluate the costs associated with substance abuse as it relates to your workplace
  
• Consider the best practices for a drug and alcohol policy for your organization
  
• Determine if you should implement an EAP
  
• Determine whether you should/should not offer an employee the opportunity to undergo a rehabilitation program
  
• Decide how your EAP should be structured
  
• Assess the pros and cons of a random and scheduled drug testing policy
  
• Decide whether a "zero tolerance" policy is the best way approach for your organization
  
• Assess the legal concerns associated with dealing with an employee who reports to work "under the influence"
  
• Identify the typical behavior and signs of someone who is under the influence
  
• Assess how the Family and Medical Leave Act and other regulations protects employees who may need leave for treatment
  
• Determine when an employee is "currently under the influence" of illegal drugs and, thus, not covered by the ADA
  
• Identify when ADA requires reasonable accommodation to one with an alcohol or drug problem
  
• Determine what to do when you suspect an on-the-job accident may be caused by an "under the influence" employee
  
• Develop protocols for implementing a "reasonable suspicion" process
  
• Identify when there is "reasonable suspicion" that an on-the-job accident might be caused by being "under the influence"
  
• Assess and select suggested learning tools to train your management team how to determine whether someone is "under the influence"
  
• Identify and evaluate outside resources to help in developing an effective program

About Your Presenters:

Susan Fahey Desmond, Esq. is a shareholder with the law firm of Jackson Lewis which has offices in 49 cities across the country. Ms. Desmond represents management in labor and employment issues. She is a frequent speaker and author with regard to issues facing employers and frequently speaks on issues such as drugs and alcohol in the workplace, medical marijuana, discrimination in the workplace, sexual harassment, the Family and Medical Leave Act, and the Americans with Disabilities Act. Ms. Desmond is listed in Best Lawyers in America and has been named by Chambers USA as one of America's leading business lawyers.

Desmond also routinely counsels clients on a variety of employment practices, including employment contracts, workplace drugs and alcohol strategies and employee handbooks and policies. Ms. Desmond conducts employee training seminars, harassment and safety investigations, and frequently speaks on employment-related topics for groups such as The Society for Human Resources Management, Compliance Online, and other management organizations.

Barry Spurlock is an assistant professor at Eastern Kentucky University where he teaches safety, emergency preparedness, and fire protection classes. Prior to his present position, Spurlock was an associate in the Louisville office of Fisher and Philips. He represented employers in a variety of employment matters involving OSHA, FMLA, ADA, harassment and discrimination.

Spurlock's practice also included counseling and training employers on compliance and proactively avoiding litigation and citations. Barry is a board certified safety professional, and before practicing law he worked for over 16 years as an occupational safety and risk management professional in the food, steel and workers' compensation insurance industries. He has also served as an adjunct faculty member for Indiana University since 2002, where he has developed curricula and taught numerous undergraduate courses in occupational safety management.