Cannabis in the Workplace: What Can an Employer Do?
Duration: 90 minutes
Speaker: Dr. Jim Castagnera, Esq.
Webinar Description
President Biden has indicated that he is in favor of decriminalizing the use of marijuana and amending the federal Controlled Substances Act to change the classification of marijuana from a Schedule 1 to a far less serious Schedule 2 drug. The House of Representatives has passed the Marijuana Opportunity Reinstatement and Expungement Act (MORE) which legalizes the use of marijuana and expunges the records of people who have been convicted for using marijuana.
Despite all this activity at the federal level, the real movement to legalize the use of marijuana is at the state level. Approximately 70 percent of the states and the District of Columbia have already enacted legislation legalizing the use of marijuana for medical reasons. And of these 35 states, nearly 45 percent also have laws permitting the use of marijuana for recreational purposes.
The unmistakable trend is towards the full legalization of cannabis for both medical and recreational purposes. In many states this is already the law. This leaves employers wondering just how much control over their employees they really have when it comes to controlling the use of marijuana by their workers both at work and when they are off duty.
Employers have questions. For example, in states where cannabis is legal, can job applicants and current employees be tested for drugs? What can an employer do if an employee is high while at work? What changes in policies are required to reflect these new workplace realities? Is permitting the use of pot at work a reasonable workplace accommodation? So many unanswered questions.
Please join Dr. Jim Castagnera, an experienced employment law attorney, when he unravels the confusion surrounding the legalization of marijuana and its permitted uses in the workplace. He’ll discuss the findings of recent case law and offer employers guidance for how to maintain control of their workplaces while recognizing that the rights of employees to use marijuana both at work and after work are changing rapidly across the nation.
Agenda
- Progress at the federal level to legalize the use of cannabis and a possible timetable
- Trends at the state level to enact new legislation to legalize the use of marijuana for medical reasons, recreational purposes, or both
- State legislation protecting employees from workplace discipline for marijuana use
- Relevant case law which is helping to clear up some of the confusion surrounding the use of marijuana in the workplace
- Changes in the right to drug test job applicants and current employees
- How to deal with an employee who is impaired at work. What about employees who smoke pot on a break and off-site?
- Can an employer terminate an employee for using pot either at work or off-duty?
- Is the use of pot at work considered a possible reasonable accommodation under the ADA?
- How state statutes conflict with the requirements of the federal Drug-Free Workplace Act (DFWA)
- Federal Department of Transportation rules prohibiting commercial drivers from using marijuana
- How companies with collective bargaining agreements may be required to renegotiate their drug testing and drug use policies with their unions
- Required revisions to current workplace drug testing and accommodation policies
CONTINUING EDUCATION
Continuing HRCI Credit Information
This program has been pre-approved for 1.5 hours of General recertification credit hours through the HR Certification Institute. Use of the seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute's criteria to be pre-approved for recertification credit.
Continuing SHRM Credit
Park Avenue Presentations is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDCs for the SHRM-CPSM or SHRM-SCPSM. For more information about certification or recertification, please visit www.shrmcertification.org.
Logistics
- 90 minutes (Travel Free) delivered over the Internet.
- Unlimited listeners per connection - bring the entire department.
- Q&A session with the expert.
This event will be presented live with a PowerPoint presentation to be viewed on your computer. You may listen to the audio of the webinar by telephone or through your computer. The PowerPoint slides will be provided shortly before the event. Once you register, you will receive an email which is your receipt and which includes your instructions for dialing in and logging on. You will also receive an email reminder 24 hours before the webinar.
What is a webinar?
A webinar is a live Internet based seminar. Webinars are a way for participants in many different locations to see and hear a presentation and view PowerPoint slides. You can also have your colleagues attend the webinar using one connection.
What kind of equipment do I need?
You will need a computer with an Internet connection (high speed service such as DSL or cable works best) and a telephone. You may listen to the webinar through your computer speakers, in which case you will not need to use a telephone connection. Internet access is not required for phone-only participants, but you will not be able to see the speaker’s slides.
How can I share the webinar with my colleagues who may not be able to attend the event?
CDs of each program will be available for sale and can be shared with your business associates.
Can I get a copy of the PowerPoint slides used in the webinar?
The PowerPoint slides will be available on the materials page link in the confirmation email that will be sent to you no later than the morning of the day a webinar is presented.
How do I ask a question during the webinar? Will my question be answered during the presentation?
A question and answer session will be scheduled at the end of each webinar. You can then ask a question by typing it into the question box that will be provided to you duringthe webinar. You may also ask a question through the telephone connection. As many questions as possible will be answered during the Question and Answer period.