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Opioids And Post-Accident Drug Testing: Legal Considerations, Reasonable Suspicion Training, And OSHA's Antiretaliation Stance

Webinar: ID# 1037376
Recorded On-Demand
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About This Course:
The prevalence of opioids in the workplace presents significant safety hazards to workers abusing them and to coworkers. 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 anti-retaliation 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.

And, many questions arise when trying to strike that balance, such as:
  • How is opioid abuse recognized in the workplace?
  • What are unique issues relating to medical cannabis and workplace safety?
  • When is post-incident drug testing mandatory in the workplace, and when is it limited?
  • Are there resources to develop a reasonable suspicion training program for supervisors?
Join us to learn how to balance safety, legal considerations, and OSHA's antiretaliation stance when conducting post-accident drug testing.What You'll Learn:
  • Identify the circumstances in which OSHA may consider opioid or medical cannabis testing to constitute illegal retaliation
  • Recognize 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
  • Develop reasonable suspicion training for supervisors
  • Create a drug and alcohol testing policy that protects the safety and health of employees and the public
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Opioids And Post-Accident Drug Testing: Legal Considerations, Reasonable Suspicion Training, And OSHA's Antiretaliation Stance
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