Opioids/Cannabis Workplace Drug testing: What should employers know?

In the companion class in this series we examine HIPPA, ADA and workplace disclosure laws that govern what and when you can ask an employee or potential employee about their health status.

What are your rights as an employer but also the personal privacy laws protecting your employee?

The opioid crisis has escalated dramatically in the past decade across the country, and those affected may also be some of your employees.  At the same time, the marijuana legalization movement has grown, and a number of states now not only permit medical marijuana but also recreational marijuana. 

  1. With the potential for more employees to be under the influence of both legal and illegal drugs, what can employers do to maintain a safe workplace? 
  2. What restrictions are there for testing employees for drug use?  This presentation will explore this issue.
  3. Are any OSHA implications regarding drug testing? The Americans with Disabilities Act?

Questions asked during this class to be answered and returned for CEU /PDH credit are:

  1. What are the FIVE reasons to drug tes?
  2. There were 49K+ opioid overdose cases in 2017 – how many in your State in 2020?
  3. Service providers and at increased risk of being a victim or a witness to intentional or accidental overdose cases – have you considered a naloxene policy for front line employees? https://www.cdc.gov/niosh/docs/2019-101/background.html
  4. What are the FIVE options for employers to do testing?
  5. Is it allowed to auto test and employee following an accident?
  6. What constitutes ‘reasonable suspicion’?
  7. What are the steps to implement a testing plan?
  8. How long after ingestion can you still detect residual THC in the bloodstream? Does this constitute impairment?
  9. Name the FOUR elements of a successful substance abuse policy?
  10. What is a ‘dilution test’?

RESOURCES

Opioid Overdose Deaths Video

This new video from NIOSH describes the data on overdoses in the workplace and is based on the NIOSH fact sheet on the use of Naloxone in the workplace. The video helps employers decide if making Naloxone available at their workplace is right for them.

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