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Most Common Pitfalls In Workplace Substance Abuse Policies

Date: Recorded
Learn how to create and implement a substance abuse policy that is lawful, effective and defensible in litigation. Understand clearly prohibited conduct with regard to drugs and alcohol; while making appropriate exceptions for alcohol use and prescription drug use that do not compromise workplace safety.

Additionally, you will learn to articulate appropriate disciplinary consequences for policy violations while distinguishing those situations from voluntary disclosures of substance abuse, which raise legal issues under the Americans with Disabilities Act and related laws.

We will discuss potential pitfalls for employers with unionized workforces when implementing a substance abuse policy, as well as additional requirements applicable to federal and state contractors.

Finally, this webinar will address educating your workforce with regard to the dangers of prescription painkillers and their connection to heroin abuse, and will teach employers how to comply with the contradictory laws addressing marijuana use by employees.

Agenda

Ensure the Policy Is Comprehensive and Effective
  • Which Employees Are Covered?
  • Describe Prohibited Conduct in Detail; Address the Use of Alcohol at Company Events, as Well as the Off-Duty Use of Illegal Drugs
  • Will the Company Conduct Drug and Alcohol Testing?
  • Identify Disciplinary Consequences for Policy Violations
  • Distinguish Policy Violations From Employees Who Self-Identify That They Have a Substance Abuse Problem and Need Assistance; Recovering and Recovered Substance Abusers Are Disabled Under the Americans With Disabilities Act and Related State Laws; the Family and Medical Leave Act Also May Be Implicated
  • Identify Any EAPs or Other Resources for Individuals With Substance Abuse Problems
  • Address Additional Provisions Required for Federal and State Contractors to Comply With Federal and State Drug-Free Workplace Acts
  • For Unionized Workforces: Duty to Bargain Substance Abuse Policy With Union? Right to Representation When Subjecting Unionized Employees to Drug Tests?
  • OSHA's Impact on a Substance Abuse Policy
  • Policy Implementation Issues, Including Supervisory Training
Does Your Policy Adequately Address Prescription Drugs?
  • The Policy Should Address the Use of Prescription or Over-The-Counter Medications That May Affect the Ability to Perform Work Safely by Employees in "Safety-Sensitive" Jobs; "Reasonable Accommodation" and "Direct Threat" Issues Under the Americans With Disabilities Act May Arise
  • Prescription Painkiller and Heroin Epidemic – Train All Employees on the Dangers of Using Prescription Painkillers and the Link to Heroin Use
  • Marijuana - Illegal Under Federal Law, but Permitted in Some States Under Certain Conditions
About The Presenters

Roger S. Kaplan
  • Principal in the Long Island Office of Jackson Lewis P.C.
  • Practice includes drug and alcohol testing, substance abuse management and occupational safety and health; counsels employers on all aspects of workplace drug and alcohol testing and substance abuse, including preparation of drug and alcohol testing policies; advice and counsel with regard to testing and substance abuse management issues; conducting training on substance abuse policies including “reasonable suspicion” training; and, defending employers in litigation where drug and alcohol test results or other substance abuse issues are involved
  • Counsels employers on occupational safety and health matters, represents employers before OSHA and the Occupational Safety and Health Review Commission, and has spoken frequently on OSHA issues before business and trade associations; submitted comments to OSHA on proposed recordkeeping rules that could affect workplace drug testing
  • Author and contributor of Matthew Bender’s OSHA treatise
  • Speaks frequently and conducts live webinars and training sessions on workplace drug and alcohol testing, substance abuse management and other disability-related issues, and, making “reasonable suspicion” determinations
  • Frequent contributor to Jackson Lewis’s “Drug and Alcohol Testing Law Advisor Blog," www.drugtestlawadvisor.com
  • LL.B. and LL.M. degrees, New York University School of Law; B.S. degree, Cornell University, New York State School of Industrial and Labor Relations
Kathryn J. Russo
  • Principal in the Long Island Office of Jackson Lewis P.C.
  • Practice includes drug testing and substance abuse management; counsels employers on all aspects of workplace drug and alcohol testing and substance abuse, including preparation of drug and alcohol testing policies; advice and counsel with regard to testing and substance abuse management issues; conducting training on substance abuse policies including “reasonable suspicion” training; and, defending employers in litigation where drug and alcohol test results or other substance abuse issues are involved
  • Practice also consists of general employment litigation on behalf of employers
  • Speaks frequently and conducts live webinars and training sessions on workplace drug and alcohol testing, substance abuse management and other disability-related issues, and, making “reasonable suspicion” determinations
  • Frequent contributor to Jackson Lewis’s “Drug and Alcohol Testing Law Advisor Blog,” www.drugtestlawadvisor.com
  • Member of the Labor and Employment Committee of the Suffolk County Bar Association
  • J.D. degree, Fordham University School of Law; B.A. degree, Tufts University
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Most Common Pitfalls In Workplace Substance Abuse Policies
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