Cannabis and Opioids: The Double Whammy in the American Workplace

Live Webinar | CEU Approved

  • 90 minutes

Employers are confused. In the face of growing medical and recreational use of cannabis and opioids, HR departments and their employers are asking if ADA requirements to accommodate Trump long-standing statutory prohibitions. Numerous localities have decriminalized cannabis, and a small handful of jurisdictions forbid employment discrimination based on its legalized use, while thirty-four states now have legalized medical marijuana. Most troubling, about dozen states have or soon will legalize cannabis for recreational purposes.

Marijuana remains illegal under the federal Controlled Substances Act. The Drug Free Workplace Act applies to all employers receiving federal grants and contracts, and makes no exception for cannabis. The federal courts overwhelmingly have held that the Americans with Disabilities Act trumps neither of these fundamental federal anti-drug statutes.

And as for opioids, neither does the ADA protect active addicts from workplace discipline. A March 2019 survey by the National Safety Council found that 75% of all American employers say their businesses have been adversely impacted by the opioid crisis.

Join this session by expert speaker James Castagnera, where he will discuss “The Fed and State Laws for Cannabis and Opioids and how to deal with Active and Recovering users in workplaces”.

Session Highlights:

  • The fundamentals of the federal statutory and regulatory landscape, including the latest policyPronouncements from the DOJ, the EEOC, and other relevant federal agencies.

  • The latest court opinions relating to cannabis in the workplace, especially as they pertain to the ADA

  • How to reconcile the recovering opioid addict’s ADA rights with the employer’s right to terminate the active user

  • Where testing stands in the battle between federal and state law

  • Best practices in training and workforce education about the dangers of opioid addiction

  • The common characteristics of the three major state/municipal approaches to legalizing cannabis: recreational legalization – medical legalization – decriminalization

  • The jurisdictions that protect employees from disciplinary action based on cannabis use, forbid or limit testing for cannabis use, or seek to impose reasonable accommodation requirements

Why You Should Attend:

The opioid crisis has escalated dramatically in the past decade across the country, and those affected may also be your employees.  At the same time, numerous localities have decriminalized cannabis and, now not only permit medical marijuana but also recreational marijuana. With the potential for more employees to be under the influence of both legal and illegal drugs, what can employers do to maintain a safe workplace?  What restrictions are there for testing employees for drug use?  This webinar will explore this issue and cover all the aspects.

Who Should Attend:

  • Senior, middle and front-line managers

  • HR professionals

  • Legal counsel

*You may ask your Question directly to our expert during the Q&A session.

** You can buy On-Demand and view it as per your convenience.

Jim Ottavio Castagnera

Jim Ottavio Castagnera

Dr. Jim Castagnera, Esq. holds a JD and a PhD from Case Western Reserve University. He spent 10 years as a labor, employment and IP lawyer with the major Philadelphia law firm Saul Ewing, before entering higher education. For the past 22 years he has been legal counsel and associate provost at a central New Jersey university. He also is the principal consultant and co-owner of K&C HR Enterprises/Holland Media Services, which provides writing, educational and consulting services to its clients, primarily in business and employment law, higher education/non-profit law and policy, and enterprise risk management.

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This webinar has been approved for 1.5 HR (General) recertification credit hours toward California, GPHR, HRBP, HRMP, PHR, and SPHR recertification through the HR Certification Institute. The use of this seal is not an endorsement by the HR Certification Institute of the quality of the activity. It means that this activity has met the HR Certification Institute’s criteria to be pre-approved for recertification credit.

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  • $164.00

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