1. “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
© Hinman, Howard & Kattell, LLP
“Attorney Advertising”

2. 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.

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

5. Marijuana
How Did We Get Here?

6. New York Compassionate Care Act NY Public Health Law § 3360

7. Medical Marijuana Use as a Recognized Disability

8. What
About Caregivers?

9. Recreational Marijuana Use

10. Prescription
Drug Use
300% Increase in use

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

12. 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.

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

14. Be Careful of Making Inquiries

16. Consider Different Standards for “Safety Sensitive” Positions
Job Description

17. Questions