When a job applicant or an employee is in pain due to an accident or chronic condition, a treating doctor may prescribe potent opioids, prescription drugs and, now, medical marijuana to manage pain. At least ten states and the District of Columbia have legalized marijuana for adult recreational use even though federal law continues to prohibit marijuana consumption. Those prescription drugs and other substances could hinder judgment and decrease mental sharpness, especially while operating heavy machinery, driving for work, or otherwise engaged in conduct that requires mental clarity. When people are under the influence of these substances, it is important for supervisors and managers to recognize signs of impairment. Otherwise, you run the risk of creating an unsafe work environment and the prospect of liability for property damage and personal injury goes up. What should frontline supervisors and managers be looking for when hiring and managing such employees? How should they address a situation in which they believe an employee is under the influence of a legally prescribed or legally available recreational substance? When is drug testing permitted and to what extent? Where does the a job applicant's or employee's right to privacy begin and end when it comes to drug use? How does one comply with differing state and federal laws governing the same issue? What should a supervisor do when confronting an employee suspected of having drug-related issues and what should never be done to ensure compliance with the Americans with Disabilities Act ("ADA") and other laws?
Upon completion of this session, participants will be able to:
- Detect signs that an employee may be using drugs - whether legally prescribed or not (this now includes the recreational and medical marijuana).
- Adopt best practices, including updating hiring and drug policies to include marijuana, for pre-hire, reasonable suspicion and post-accident to ensure that your construction site is safe and compliant with all governing laws.
- Determine when and hot to confront employees suspected of having drug-related issues and what should never be done under the Americans with Disabilities Act ("ADA") and other state and federal laws.