Structuring Workplace Drug Policies: Employer Pitfalls in the Age of Marijuana Legalization and the Opioid Crisis
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will discuss current issues facing employers when drafting workplace drug policies, random drug-testing procedures, and post-accident drug-testing protocols in today’s landscape of marijuana legalization and the opioid epidemic. The panel will delve into the legal pitfalls facing businesses and their counsel, as well as practical strategies to maintain a drug-free workplace while remaining in compliance with the law.
Outline
- Examining the impact of marijuana legalization and opioid use on the hiring process
- The financial impact of excluding potential employees based on positive pre-hire marijuana or opioid testing
- Scientific analysis of current marijuana and drug testing and the issues such testing presents for employers
- Interplay of state and federal laws, including the ADA and FMLA, in workplace drug policies
- Best practices for employers in structuring workplace drug policies and performing drug testing of employees
Benefits
The panel will review these and other relevant topics:
- What are the national trends in marijuana and opioid use, and how do they affect employers?
- What are the risks of excluding potential employees based on marijuana use?
- What are best practices for performing random and post-accident drug testing in the workplace?
- How can employers maintain a drug-free workplace and remain compliant with applicable state and federal laws?
Faculty

Mark S. Goldstein
Atty
Reed Smith
Mr. Goldstein counsels clients on a variety of workplace issues, including policy development and compliance, risk... | Read More
Mr. Goldstein counsels clients on a variety of workplace issues, including policy development and compliance, risk assessment and litigation avoidance, wage and hour compliance, conducting and overseeing internal investigations, hiring, discipline and discharge decisions, enforcement of covenants not to compete, drafting employment and separation agreements, and a wide variety of other employment issues. In addition, Mr. Goldstein has an active litigation practice defending employers in a wide range of matters in both state and federal court.
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David L. Zwisler
Of Counsel
Ogletree Deakins Nash Smoak & Stewart
Mr. Zwisler’s broad range of labor and employment experience includes overseeing and conducting comprehensive... | Read More
Mr. Zwisler’s broad range of labor and employment experience includes overseeing and conducting comprehensive audits of employment policies and practices, including drafting and editing employee handbooks, executive contracts, and severance, noncompetition, non-solicitation, confidentiality and trade secret agreements. He also oversees and conducts wage and hour compliance audits and provides counsel on FLSA compliance.
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