Holy Smoke! An Employer's Guide to Medical Marijuana in the Workplace

Why Should You Attend:

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.

Areas Covered in the Webinar:

• 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:

• CEO
• Founder
• Senior managers,
• VP HR
• HR Director
• HR Manager
• HR Generalist,
• Safety Director
• Safety Officers
• All managers

Janette Levey Frisch
Employment and HR Attorney, The Emplawyerologist Firm

Janette Levey Frisch is an attorney with more than 20 years’ legal experience. She works with employers on most employment law issues to ensure that employers are in the best position possible to avoid litigation, audits, employee relations problems, and the attendant, often exorbitant costs. She authors the firm’s weekly blog, where she discusses issues impacting employers today. She has written articles on many different employment law issues for many publications, including EEO Insight, Staffing Industry Review, @Law, and Chief Legal Officer.

Ms. Frisch 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 others. She is licensed in New Jersey and New York. In addition, she 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.

Ms. Frisch 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 Task Force Member of the Institute for Workplace Violence Prevention, an interdisciplinary think tank, dedicated to providing holistic, proactive solutions to employers serious about promoting a safe workplace.

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