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How Does Legalized Marijuana Affect the Construction Worksite?

Learn to navigate the maze of inconsistent and rapidly changing state and federal cannabis laws.

Increasingly permissive cannabis laws present unique challenges for the construction industry. Companies wishing to provide a drug-free workplace and to prioritize safety have to negotiate a maze of inconsistent and rapidly changing state cannabis laws as well as federal laws, including the Drug Free Workplace Act, the Americans With Disabilities Act, and OSHA requirements. This topic will explain the current state of the law and provide guidance on how to hire, drug test, implement drug-free workplace policies, handle requests for accommodation, and terminate employees consistent with those various legal requirements. It will also provide guidance for construction companies wishing to do business with the burgeoning cannabis industry.

Runtime: 93 minutes
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Introduction

Defining Key Terms

  • Marijuana
  • Cannabis
  • Cannabinoids

The Growing Cannabis Industry

Conflicting Legal Framework

  • Federal Law
    • Controlled Substances Act
    • Schedule I Classification
  • Varying State Laws
    • States Allowing Medical Marijuana
    • States Allowing Recreational Marijuana
    • Trend Toward More Permissive Laws
  • Addressing Conflicting Requirements

Safety First

  • Effects of Cannabis
  • Drug Free Workplace Act Requirements for Federal Contractors and Grantees
  • Hiring/Pre-Hire Testing
  • Drug-Free Workplace Policies
  • The Americans With Disabilities Act
    • What Are "Disabilities"?
    • Accommodating Disabilities
    • The Interactive Process
  • Avoiding Discrimination Claims
  • Addressing Employee Behavior/Reasonable Suspicion Testing
  • Occupational Safety and Health Administration
  • Terminating Employees
  • Implementing Policies

Doing Business With the Cannabis Industry

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on August 16, 2018.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Jeffrey D. Polsky

Jeffrey D. Polsky

Fox Rothschild LLP

  • Partner at Fox Rothschild LLP
  • Co-Chair of the Firm’s 80+ attorney Labor and Employment Department
  • 30 years’ experience counseling employers in labor and employment law and defending them in related litigation
  • Regularly speaks and writes about a range of labor and employment issues
  • Written numerous publications including Employment Termination Law, A Practical Guide for Employers (Cal. CEB 1992); California Labor & Employment Bulletin (Matthew Bend-er, 2005-2006); Bringing and Defending a Sexual Harassment Action (Cal. CEB 2006); and Preparing for Trial (Cal. CEB 2017)
  • Named a Northern California "Super Lawyer" in the area of Labor and Employment Law by San Francisco Magazine and Law & Politics Magazine (2005-2017)
  • J.D. degree, UC Hastings; B.A. degree, UC Berkeley
  • Can be contacted at 415-364-5563, [email protected] or on Twitter® @JeffPolsky
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 401514
Published 2018
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