Marijuana in the Workplace

On 21-July, 2021 at 01:00 PM EDT | 10:00 AM PDT | 12:00 PM CDT Duration 90 Minutes Credits HRCI 1.5 & SHRM 1.5 PDCs

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In this webinar, we will explore the challenges employers now face in managing employee marijuana use

Speaker:Janette is an attorney with more than 20 years legal experience. Janette works in her own law practice with employers on most employment law

Overview

Many states have now legalized marijuana use (for both recreational and medicinal purposes). Yet, under federal law, marijuana use and possession remains illegal, leaving employers in a quandary. Regardless of legalization in many states, National Institute of Health (NIH) studies still show links between marijuana use and increased risk of accidents and injuries. Employers remain legally obligated to provide their employees a safe workplace and, where applicable to keep the public safe from any accidents or injuries that could result from an employee’s drug use.

What’s an employer to do? Can you still conduct pre-employment, post-accident or random drug screens? Should you? Can you still implement a drug-free workplace policy? What if you are an employer with a “zero tolerance” drug use policy? Must you now do away with it? Do you have to hire someone who tests positive for marijuana? Can you terminate an employee who does?If so, how?

Some employers are now in a difficult position in that they must look past a positive drug test unless they can show that an employee is impaired due to marijuana use during work hours. Since urine-based drug tests do not actually measure impairment, and there is currently very little guidance from courts in those states, employers are left wondering how they are supposed to meet such a standard.

In this webinar, we will explore the challenges employers now face in managing employee marijuana use. We will, also discuss applicable laws (both statutes and cases) addressing this subject, analyze recent court cases. The laws, of course vary by state. You will receive an overview of where many of the different states are currently holding with respect to medical and recreational marijuana and employer’s rights and obligations.

Areas Covered

  • State laws regarding Medical and Recreational Marijuana
  • Conflicting Federal laws
  • Discussion of some State/Local Laws
  • Inquiring about legal drug use
  • Alcohol, Drugs and Disabilities
  • Fitness for Duty and the Direct Threat
  • Workplace policies
  • Case examples, case studies

Who Will Benefit

  • State laws regarding Medical and Recreational Marijuana
  • Conflicting Federal laws
  • Discussion of some State/Local Laws
  • Inquiring about legal drug use
  • Alcohol, Drugs and Disabilities
  • Fitness for Duty and the Direct Threat
  • Workplace policies
  • Case examples, case studies

This activity has been approved for 1.5 HR (General) recertification credit hours toward aPHR, PHR, PHRca, SPHR, GPHR, PHRi and SPHRi recertification through HR Certification Institute (HRCI). Please make note of the activity ID number on your recertification application form. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org

This program is valid for 1.5 PDCs for the SHRM-CP® or SHRM-SCP


Your Instructor


Janette Levey Frisch
Janette Levey Frisch

Janette is an attorney with more than 20 years legal experience. Janette works in her own law practice with employers on most employment law issues, acting as the Employer's Legal Wellness Professional - to ensure that employers are in the best position possible to avoid litigation, audits, employee relations problems, and the attendant, often exorbitant costs. Janette authors the firm's weekly blog and has written articles on many different employment law issues for many publications, including EEO Insight, Staffing Industry Review, @Law, and Chief Legal Officer.

Janette has also spoken and trained on topics, such as Criminal Background Checks in the Hiring Process, Joint Employment, Severance Arrangements, Pre-Employment Screening among many, many others. Janette is licensed in New Jersey and New York. In addition, Janette serves as a Legal Wellness Professional to employers outside New Jersey and New York on almost all federal employment law issues, to enable employees to address workplace challenges before they escalate to litigation or costly audits. Janette is a member of the Workplace Violence Prevention Institute, a task force that serves as a resource to employers committed to taking a proactive, holistic approach to preventing and appropriately responding to the growing threat of workplace violence. Janette is also a contributor to the recently released book, "Hiring Greatness: How to Recruit Your Dream Team and Crush the Competition", published by John Wiley and Sons, and authored by David E. Perry and Mark J. Haluska.

Janette serves as a member of the Workplace Violence Prevention Institute, an interdisciplinary task force dedicated to providing cutting-edge holistic solutions to the increasing concern over workplace safety and workplace violence prevention.


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