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OSHA's Rules for Post-Accident Drug Testing

presented by Lorman Education Services
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Summary

OSHA's Rules for Post-Accident Drug Testing

Workshop Description/Agenda

Learning Objectives
Learning Objectives * You will be able to review OSHAs guidelines and strategy for advising employers on OSHA compliance. * You will be able to recognize the signs of impairment in medical marijuana users. * You will be able to explain the protections afforded to medical marijuana users including antidiscrimination protections. * You will be able to discuss regulations related to employer postaccident drug testing.

Benefits
Learn more on the overview of OSHAs guidelines and the regulations needed to stay compliant post accident drug testing. Thirtyone states (and counting) have legalized the use of marijuana, nine of which have legalized recreational use. Virtually every state is caught in the throes of fighting opioid abuse and addiction. With the legalization of popular forms of drug use, and nationwide increases in prescription use and abuse, logic would dictate that the constraints on employers rights regarding drug testing and employee discipline would be relaxed, while in fact, the opposite is true. In 2016, OSHA rolled out new drug testing rules for employers and has taken steps to crackdown against the perceived deterrence against workplace injury reporting. In 2019, a number of states have issued opinions regarding drug testing for medical marijuana. This material will address OSHAs regulations related to employer postaccident drug testing and medical marijuana in the workplace. The first segment will include a review of OSHAs guidelines, and strategy for advising employers on OSHA compliance, and postaccident investigation and defense of Workers Compensation claims. The second segment will provide an overview of medical marijuana laws in the U.S., including antidiscrimination protections afforded to medical marijuana users, discuss how to recognize the signs of impairment, address the interplay of federal laws on medical marijuana use and recent case law providing guidance to employers on how to address medical marijuana use in the workplace.

Agenda
Post-Accident Drug Testing - OSHA Requirements and Strategies for Defending Workers' Compensation Claims • OSHA Requirements • Limits on Employers' Rights • New OSHA Procedure for Enforcement • Post-Accident/Injury Drug Testing • HIPAA Compliance Concerns • Defense/Denial of Workers' Compensation Claim Based on Positive Test • Chain of Custody Requirements High Alert - Medical Marijuana in the Workplace What Every Employer Needs to Know • Overview of Medical Marijuana Laws in the U.S. • Synopsis of What Marijuana Does to a User and How to Recognize the Signs of Impairment • A Discussion of Federal Laws and Regulations Restricting Medical Marijuana Use in Employment • A Review of Case Law Addressing Medical Marijuana Users' and Employers' Rights and Obligations

Faculty
Katherine Koop Irwin with Tucker Arensberg, P.C., Ken Scholtz with Tucker Arensberg, P.C.

Credits
ASA ,CLE (Please check the Detailed Credit Information page for states that have already been approved) ,CPE ,HR Certification Institute ,SHRM ,Additional credit may be available upon request.

Who Should Attend

This live webinar is designed for human resource managers, safety directors, workers' compensation managers, benefits professionals, occupational therapists, insurance claims and risk managers, and attorneys.

Additional Information

Training Provider: Lorman Education Services

Course Topics: HR Management Training > Job Analysis/Compensation

Training Course Summary: OSHA's Rules for Post-Accident Drug Testing


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