Drugs And Alcohol In The Workplace: Key Policies And Legal Issues You Must Consider
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At some point, your organization will have to address the issue of an employee with a substance abuse problem, whether that employee is entry-level or the CEO. Unfortunately, many employers wait until the problem arises before developing policies around it, which can put both the company and employees at risk.
When maintaining drug and alcohol policies, employers have to consider ever-changing laws, such as the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA), and even Department of Transportation regulations. For example, would you be found in violation of the ADA or FMLA for discharging an alcoholic driver? The answer might not be as clear-cut as you would expect.
It is critical that employers carefully craft their policies with laws and liability in mind and identify appropriate courses of action once a thorny scenario arises. Development and management of these policies will require teamwork among HR, safety, legal, and operations departments.
Consider, too, that marijuana usage has been legalized across nearly half the states, including in the District of Columbia and four states, which approved the use of recreational marijuana. Safety managers and HR professionals understandably have questions about their rights to implement and enforce policies addressing medical or recreational marijuana usage.
You can’t afford to miss this webinar on how to manage drugs and alcohol in the workplace. Attorney Susan Fahey Desmond, an experienced lawyer and author in the area of labor and employment law who has assisted companies of all sizes in evaluating their policies and practices in dealing with employees with drug or alcohol problems, will provide you with valuable insight on your obligations under FMLA and the ADA, including requirements for providing accommodations to employees requiring treatment and/or assistance.
About Your Presenter
- The costs associated with addictions in the workplace
- How to manage the risks associated with the legalization of marijuana across nearly half of the 50 states
- Best practices for developing a drug and alcohol policy
- Pros/cons of a random drug-testing policy
- Why “zero tolerance” policies aren't always the best way to go
- Special DOT rules with regard to alcoholism that you must consider
- Legal concerns associated with an employee who reports to work “under the influence,” including what it means to be "under the influence” and, thus, not covered by the ADA
- How FMLA protects employees who may need leave for treatment
- When the ADA requires reasonable accommodation to one with an alcohol or drug problem
- What to do when you suspect an on-the-job accident may have been caused by an employee “under the influence"
- Training strategies for determining whether an employee is “under the influence”
Susan Fahey Desmond
Attorney Susan Fahey Desmond, a shareholder with the law firm of Jackson Lewis which has offices in 59 cities across the country, 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. Desmond is listed in Best Lawyers in America and has been named by Chambers USA as one of America’s leading business lawyers.
Ms. Desmond also routinely advises clients on a variety of employment practices, including employment contracts, workplace drugs and alcohol strategies and employee handbooks and policies. She 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, Audiosolutionz, The Training Center, and other management organizations.
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All US States: 1.5
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|Keywords For This Course:|
drugs and alcohol, FMLA, addiction, reasonable accommodation
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