Transcript Medical Marijuana in the Workplace

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
[email protected]
© 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