“Will I Have a Drunk, Drugged and Stoned Workforce?”

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Presentation transcript:

“Will I Have a Drunk, Drugged and Stoned Workforce?” Medical Marijuana, Prescription Drugs and Alcohol in the Workplace “Will I Have a Drunk, Drugged and Stoned Workforce?” Presented By: Dawn J. Lanouette Hinman, Howard and Kattell, LLP 80 Exchange Street Binghamton, New York 13902-5250 607-723-5341 dlanouette@hhk.com © 2015 Hinman, Howard & Kattell, LLP “Attorney Advertising”

Disclaimer This presentation is not intended to be legal advice. It is for information only. This may be considered attorney advertising. You should not rely on it as legal advice. Please contact an attorney to discuss your specific situation.

Federal Laws Drug Free Workplace Omnibus Transportation Act Occupational Health and Safety Act Controlled Substance Act

Marijuana How Did We Get Here?

New York Compassionate Care Act NY Public Health Law § 3360

Medical Marijuana Use as a Recognized Disability

What About Caregivers?

Recreational Marijuana Use

Prescription Drug Use 300% Increase in use

Can You Ask About Legal Prescriptions? “Job-related and consistent with business necessity” “direct threat to public safety” - EEOC Guidance 2000

Risks $750,000 Settlement Dura Automotive for including legal prescriptions in the drug testing $200,000 Settlement for pre- employment inquiries including prescription drug use. $146,000 Settlement for Healthcare Facility for requiring disclosure of narcotic pain medication.

What Is Your Policy? Drug Testing FMLA Leave for Substance Abuse Medical Marijuana

Be Careful of Making Inquiries

Consider Different Standards for “Safety Sensitive” Positions Job Description

Questions