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The State of the Law re: Drug Testing
Presented by Aaron Gelb, Daniel Deacon, and Ashley Mitchell

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. Specifically, you will learn about:

• 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 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®.

Oct 11, 2022 01:00 PM in Eastern Time (US and Canada)

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Speakers

Aaron R. Gelb
Partner, Labor • Employment Practice and OSHA • Workplace Safety Groups, Conn Maciel Carey LLP
Aaron R. Gelb is the partner in charge of Conn Maciel Carey’s Chicago office and leads the firm’s Midwest OSHA practice, representing employers during inspections, investigations, and enforcement actions involving fed OSHA and state OSH programs. In addition to managing the full range of litigation against OSHA, Aaron reviews safety policies and procedures, manages audit programs, and helps develop and present training on a variety of topics. Aaron serves as the primary workplace safety and health education provider to the Illinois Manufacturers Association and is a frequent speaker on such matters throughout the United States. Aaron also has extensive experience litigating equal employment opportunity matters in federal and state courts, having tried numerous cases to verdict and defended employers before the EEOC as well as fair employment agencies nationwide.
Daniel C. Deacon
Associate, Conn Maciel Carey LLP
Daniel C. Deacon is an Associate in the Washington, DC office of Conn Maciel Carey, working in both the Labor and 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, 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.