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The State of the Law Regarding Marijuana and Drug Testing
Recreational and medicinal marijuana are here to stay. Each year, it seems that several new jurisdictions legalize marijuana use in some form and momentum continues to build for change on the federal level. As such, it appears to be only a matter of time before marijuana is legalized in some form throughout the entire country. However, with these changes comes the potential for more employees to be under the influence of both legal and illegal drugs at the workplace. So, what can employers do to maintain a safe workplace? What restrictions are there for testing employees for drug use? Can employer really impose a drug-free workplace policy considering these seemingly pro-marijuana laws?

This webinar will explore the changing legal landscape concerning marijuana, analyze potential issues related to zero-tolerance policies and review tips for developing effective drug testing policies that will comply with fair employment laws as well as OSHA regulations.

Participants in this webinar will learn:

• The changing legal landscape regarding medical and recreational marijuana in states around the country
• How state marijuana laws affect your federal compliance obligations under the DOT and other agencies
• Which state laws provide explicitly for employee non-discrimination protections • Whether medical marijuana use may qualify as a reasonable accommodation under the Americans with Disabilities Act or state disability discrimination laws
• How to address off-duty use of marijuana in states where it is legal
• Whether OSHA will be changing its approach to drug testing under the Biden Administration

This program is valid for 1.00 PDCs for the SHRM-CPSM or SHRM-SCPSM.

This program has been approved for 1 HR (General) recertification credit hours toward aPHR™, aPHRi™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™recertification through HRCI®.

Jul 18, 2023 01:00 PM in Eastern Time (US and Canada)

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Speakers

Daniel C. Deacon
Associate, Labor • Employment and OSHA • Workplace Safety Practice Groups, Conn Maciel Carey LLP
Daniel C. Deacon is an Associate in the Washington, DC office of Conn Maciel Carey, working in both the Labor • Employment and OSHA • Workplace Safety Practice Groups. Dan's practice focuses on all aspects of occupational safety & health law and labor and employment law. He represents employers in inspections, investigations and enforcement actions involving OSHA and other state and local safety related agencies.
Ashley D. Mitchell
Associate, Labor • Employment and OSHA • Workplace Safety Practice Groups, Conn Maciel Carey LLP
Ashley D. Mitchell is an Associate in the Chicago office of Conn Maciel Carey LLP supporting both the OSHA and Labor and Employment practice groups. Ms. Mitchell represents and advises clients in a broad range of employment issues involving the employer-employee relationship including wage and hour disputes, Title VII discrimination claims, and compliance with the Americans with Disabilities Act (ADA). She also provides advice and guidance on responding to workplace safety complaints and litigating contests of OSHA citations.