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 issues
Opioids are a powerful and widely-prescribed class of drug, often leading to misuse and addiction. A National Safety Council survey states that more than 70 percent of United States employers are feeling the direct impact of prescription drug misuse in their workplaces. Deaths resulting from or related to drug overdoses, according to the Centers for Disease Control and Prevention (CDC) are on the rise.
Now more than ever, employers must know what you can and cannot do to enforce a drug-free workplace policy, ensuring a safe workplace, protecting your business, and steer clear of the Americans with Disabilities Act and other federal and state laws. In this webinar, we will discuss practical and legal options open to you to manage the growing problem of opioid dependence and abuse and its impact on the workplace.
Key areas we will cover include without limitation:
- An employer’s duty to update its drug-free workplace policy in states where recreational and/or medicinal marijuana have been decriminalized
- The practical impact opioid usage can have worker productivity and safety, and when you have an obligation to take action under OSHA’s general duty clause
- What to do if an employee appears impaired on the job
- What you can and can’t do to enforce drug-free workplace policies where medical and/or recreational marijuana usage is permitted under state law
- Strategies for improving your drug-free workplace policies—and how to align your benefits programs with such policies
- Confidentiality and electronic recordkeeping issues so you don’t spark legal liabilities for your organization
- How to recognize a “trigger” to conduct an interactive process under the ADA when opioid dependencies or side effects may require a reasonable accommodation evaluation.
- Why reasonable accommodations for a “disability” are not required for applicants or employees who are prescribed marijuana for medicinal purposes, but outright exclusions of medical marijuana users may still violate the ADA non-discrimination provisions
- Steps to take to enforce your drug-use policy without violating the ADA, the FMLA, or other federal laws
- Pointers on managing workers’ compensation claims
- How to communicate with employees about potential drug abuse
- When granting leave may be required as a reasonable accommodation under the ADA or the FMLA
Who will benefit
- H.R. Managers and Directors;
- Leave Administrators;
- Benefits Administrators;
- Business Owners;
- Senior Managers;
- Front-Line and Middle Managers.
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®
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.