Drugs and Alcohol in the Workplace: Key Policies and Legal Issues You Need to Know - Webinar On-Demand

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Webinar now available On-Demand.

It’s highly likely that your company, at some point, will have to address the issue of an employee with a substance abuse problem—whether that employee is entry-level or the CEO. Unfortunately, many employers wait until the problem arises before developing policies around it, which can put both the company and employees at risk. 

When maintaining drug and alcohol policies, employers have to consider ever-changing laws, such as the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA), and even Department of Transportation regulations. For example, would you be found in violation of the ADA or FMLA for discharging an alcoholic driver? The answer might not be as clear-cut as you would expect. 

It is critical that employers carefully craft their policies with laws and liability in mind and identify appropriate courses of action once a thorny scenario arises. Development and management of these policies will require teamwork among HR, safety, legal, and operations departments. 

Our presenter, an experienced lawyer and author in the area of labor and employment law who has assisted companies of all sizes in evaluating their policies and practices in dealing with employees with drug or alcohol problems, will provide you with valuable insight on your obligations under FMLA and the ADA, including requirements for providing accommodations to employees requiring treatment and/or assistance. 

You and your colleagues will learn: 

  • The costs associated with addictions in the workplace 
  • Best practices for developing a drug and alcohol policy 
  • Pros/cons of a random drug-testing policy 
  • Why “zero tolerance” policies aren't always the best way to go 
  • Special DOT rules with regard to alcoholism that you must consider 
  • When to offer an employee the opportunity to undergo a rehabilitation program, and when you shouldn't offer this 
  • Legal concerns associated with an employee who reports to work “under the influence,” including what it means to be "under the influence” 
  • How FMLA protects employees who may need leave for treatment 
  • When an employee is “currently under the influence” of illegal drugs and, thus, not covered by the ADA 
  • When the ADA requires reasonable accommodation to one with an alcohol or drug problem 
  • What to do when you suspect an on-the-job accident may have been caused by an employee “under the influence" 
  • What constitutes “reasonable suspicion” that an on-the-job accident might have been caused by being “under the influence” and when you may need “reasonable suspicion” 
  • Suggested learning tools to train your management team on how to determine whether someone is “under the influence” 
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