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Preparing For And Properly Reacting To Legal And Illegal Drug And Alcohol Use In The Workplace

Webinar: ID# 1023903
Recorded CD
Qty:
About This Course:
In this rapidly changing legal environment, companies face a wide range of challenges pertaining to employee use of both legal and illegal drugs.

Recognizing drug and alcohol abuse is outside the expertise of most managers and human resource personnel and dealing with the problem improperly can lead to significant liability under federal and state law, including the Americans With Disabilities Act and employee privacy laws.

This webinar will help you understand what laws may govern or affect workplace decisions relating to drugs and alcohol. You will also learn how to develop appropriate policies that can be tailored to particular workplaces, train managers on their role in the process, and properly document suspected employee drug and alcohol abuse and employee discipline.

AGENDA

Overview
  • Statistics Relating to Drug and Alcohol Use in the Workplace
What Laws May Be Applicable
  • Drug-Free Workplace Act
  • Americans With Disabilities Act and Family and Medical Leave Act
  • Statutes Prohibiting Discrimination in the Workplace
  • Federal Regulations Governing Transportation and Defense Workers
  • Federal Regulations Governing Entities Which Provide Drug and Alcohol Services
  • EEOC Regulations on Legal and Illegal Drugs
  • State and Local Statutes and Regulations
  • State Common Law
  • Collective Bargaining Agreement and Other Employer Policies
Developing Employer Policies
  • Policy Which Prohibits Unlawful Drug and Alcohol Abuse vs. Policy Which Gives Employer the Right to Test Employees
  • If Employees Are to Be Tested, When Are They Going to Be Tested?
  • What Drugs Are to Be Tested and What Constitutes a Positive Test?
  • What Is the Testing Protocol?
  • What Happens to an Employee Who Tests Positive?
Recognizing and Dealing With Drug and Alcohol Abuse in the Workplace
  • Common Signs and Traits That an Employee May Be Using Drugs or Abusing Alcohol
  • Who Is Responsible for Dealing With Such Information (e.g., Supervisor, More Senior Manager or HR Representative)?
  • What Training Should Be Provided?
  • Issues Relating to Workplace Search and Surveillance
  • You Have Decided That Someone Is Under the Influence of Drugs or Alcohol - What Are Your Next Steps?
  • Do You Get the Police Involved and, If so, When and How?
  • Use of Medical Review Officer
An Employee Is Found to Be Under the Influence or Otherwise Involved in Unlawful Conduct – What Do You Do Next?
  • Discipline or Discharge
  • Last Chance Agreements
  • Following up With the Employee
Dealing With Collection Sites and Testing Laboratories
  • Chain of Custody, Accuracy, Documentation, Providing Testimony, Indemnification of Employer
About The Presenters

Peter J. Ennis
  • Shareholder in the Labor and Employment Law Section of Buchanan Ingersoll & Rooney PC
  • More than 30 years of experience in counseling employers on human resources issues and representing companies in related litigation
  • Frequent speaker on human resources and employment law topics, including but not limited to substance abuse in the workplace
  • Has also drafted numerous employer policies relating to these issues and has represented employers in hearings involving employees who tested positive or were otherwise suspected of being under the influence of drugs or alcohol at work
  • J.D., degree, summa cum laude, New England School of Law; B.A. degree, Colgate University
Mariah L. Passarelli
  • Attorney at Buchanan Ingersoll & Rooney PC
  • Focuses her practice on a variety of labor and employment law matters, from employment contracts to complex litigation
  • More than 11 years of experience in defending employers in a wide variety of matters
  • Has written employee handbooks and routinely provided companies with human resources counseling and training on topics related to employee drug and alcohol use and testing
  • J.D. degree, Duquesne University School of Law; M.A. degree, Indiana University of Pennsylvania; B.A. degree, Duquesne University
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Preparing For And Properly Reacting To Legal And Illegal Drug And Alcohol Use In The Workplace
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