Legalized Marijuana and the Impact to the Workplace: How to Mitigate Federal, State and Local Marijuana Regulations

Learning Objectives

• To discuss how Can Employers mitigate Legalized Marijuana with their Drug-Free Workplace Program.
• To analyze how the ADA, FMLA, and legalized marijuana overlap.
• To discuss what states and local jurisdictions have legalized marijuana.
• To inspect the use of medicinal marijuana for chronic illnesses.
• To analyze what reasonable accommodations can be made by employers when it comes to marijuana in the workplace.
• To investigate what resources employers can access to mitigate all the changes with legalized marijuana.
• To discuss what are the federal regulations on the use of marijuana in the workplace.
• To discuss what states are restricting pre-employment drug testing for Marijuana
• To inspect what are the types of Marijuana and how they are ingested
• To discuss Drug-Free Workplace Program.
• To review if you are compliant with the Workers Comp requirements of a Drug-Free Program or lose the 4-5% discount.
• To discuss how will Employers mitigate drug-free workplaces with the new regulations.
• To analyze what will Employers need to do immediately.
• To inspect current drug testing screening policies.
• To analyze what other background screenings are impacted by the Marijuana regulations.
• To inspect what policies should be in place to comply with the new regulation.
• To discuss what issues will HR professionals have to manage with the new regulations.
• To discuss if Marijuana is a reasonable accommodation.

Course Description

Marijuana has long been heralded for its calming properties. But lately, it’s having quite the opposite effect on HR professionals, as they navigate the myriad state laws and court cases affecting the controversial substance to create drug-testing policies and procedures.

The new Marijuana legalization regulations have impacted Employers whether they are in a state where marijuana has been legalized for medicinal or recreational usage. In addition to federal restrictions and state restrictions, many Employers do not know what leverage or power they have to manage the balance between legal Marijuana usage and managing a true drug-free workplace program, consider reasonable accommodations, and mitigate other federal regulations.

This challenge impacts not only OSHA guidelines but also impacts the Americans with Disabilities Act (ADA), Family Medical Leave Act (FMLA), and HIPPA Guidelines. Employers need guidance they can follow.

This CPE webinar provides that guidance and will help Employers reduce their risk!

States have continued to join the Legalized Marijuana bandwagon but there are still different state regulations that are different from each other. Now more than ever, employers in all jurisdictions should consider reviewing their existing drug testing or substance abuse policies and determine how best to address any employee positive test result for marijuana, especially in states with medical marijuana laws.

Setting aside marijuana laws, employers also must be mindful of state and local drug-testing statutes, some of which have specific policy requirements and require state approval of the employer’s drug-testing policy before conducting any tests.

Employers and Leadership must ensure they are following all the federal, state, and local Marijuana regulations that impact their state.

There is so much conflicting information that we should ensure what is accurate to be able to avoid the risk of fines, penalties, and even criminal sanctions.

Key topics covered in this course:

• Legalized Marijuana Employer's Concerns
• Federal Regulatory Entities Impacted by Marijuana Regulations
• Are you in a highly regulated industry?
• OSHA Rules on Drug Testing
• Marijuana’s Impact on Employers
• Where is Marijuana Legal?
• Legal concerns
• What if the Results are Positive?
• ADA, FMLA, and a Drug-Free Workplace
• National Drug Screening as a Resource
• Reasons To Implement A Drug-Free Workplace Policy
• Key Elements Of An Effective Drug-Free Workplace Program
• Mandatory vs. Voluntary Requirements
• Pre-Employment Testing
• What is Included in a Drug-Free Workplace Program?
• Drug Testing Process 
• The Best Resolution for Alcohol and Substance Abuse in the Workplace!

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Overview

• What is the Drug-Free workplace act?

  8 mins
• Is alcoholism a disability according to the ADA?

  19 mins
• Non-Dot Regulation

  25 mins
• Where is Marijuana legal?

  34 mins
• Rapid changing Marijuana laws

  47 mins
• What is a true drug-free workplace and what does it include?

  63 mins