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OSHA's Rules for Post-Accident Drug Testing

Learn more on the overview of OSHA's guidelines and the regulations needed to stay compliant post-accident drug testing.

Thirty-one states (and counting) have legalized the use of marijuana, nine of which have legalized recreational use. Virtually every state is caught in the throes of fighting opioid abuse and addiction. With the legalization of popular forms of drug use, and nationwide increases in prescription use and abuse, logic would dictate that the constraints on employer's rights regarding drug testing and employee discipline would be relaxed, while in fact, the opposite is true. In 2016, OSHA rolled out new drug testing rules for employers and has taken steps to crackdown against the perceived deterrence against workplace injury reporting. In 2019, a number of states have issued opinions regarding drug testing for medical marijuana. This material will address OSHA's regulations related to employer post-accident drug testing and medical marijuana in the workplace. The first segment will include a review of OSHA's guidelines, and strategy for advising employers on OSHA compliance, and post-accident investigation and defense of Workers' Compensation claims. The second segment will provide an overview of medical marijuana laws in the U.S., including anti-discrimination protections afforded to medical marijuana users, discuss how to recognize the signs of impairment, address the interplay of federal laws on medical marijuana use; and recent case law providing guidance to employers on how to address medical marijuana use in the workplace.

88 minutes
Certificate of Completion
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Why Lorman?

Over 34 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

Post-Accident Drug Testing - OSHA Requirements and Strategies for Defending Workers' Compensation Claims

  • OSHA Requirements
  • Limits on Employers' Rights
  • New OSHA Procedure for Enforcement
  • Post-Accident/Injury Drug Testing
  • HIPAA Compliance Concerns
  • Defense/Denial of Workers' Compensation Claim Based on Positive Test
  • Chain of Custody Requirements

High Alert - Medical Marijuana in the Workplace What Every Employer Needs to Know

  • Overview of Medical Marijuana Laws in the U.S.
  • Synopsis of What Marijuana Does to a User and How to Recognize the Signs of Impairment
  • A Discussion of Federal Laws and Regulations Restricting Medical Marijuana Use in Employment
  • A Review of Case Law Addressing Medical Marijuana Users' and Employers' Rights and Obligations
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Why Lorman?

Over 34 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 Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on January 28, 2020.

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

  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

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

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Why Lorman?

Over 34 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

Katherine Koop Irwin

Katherine Koop Irwin

Tucker Arensberg, P.C.

  • Shareholder in the office of Tucker Arensberg, P.C.
  • Employment and labor law attorney, professional speaker and corporate trainer
  • Has defended employers in litigation and counseled and helped companies, HR professionals, in-house attorneys and managerial employees on how to avoid employment law issues while focusing on their business goals
  • National and international banks and financial institutions; national restaurant chains; large regional and international light and heavy duty manufacturers
  • Active speaker, teacher and trainer
  • Served as an adjunct professor at the following universities: The Pennsylvania State University; The University of Pittsburgh; La Roche University
  • J.D. degree, Duquesne University School of Law; B.A. degree, University of Pittsburgh
  • Can be contacted at [email protected] or 412-594-5808
Ken Scholtz

Ken Scholtz

Tucker Arensberg, P.C.

Kenneth Scholtz

  • Shareholder in the office of Tucker Arensberg, P.C.
  • Lead counsel workers’ comp defense
  • Power utility in Pittsburgh and surrounding area; two of the largest long-term care systems in Pennsylvania; largest regional hospital and urgent care health system in Northwestern PA
  • Represents self-insured employers in all Workers’ Comp defense matters including serious and permanent physical injuries, hearing loss, Black Lung and occupational disease
  • Serves as local counsel for national retail and commercial businesses in defending tort litigation
  • Pennsylvania Super Lawyers, Rising Star (2012) and Leadership Pittsburgh, LDI, XII
  • Seminars include, Avoiding Workplace Injury Liability - Employer Directives; Pain Management - Opioid Utilization
  • J.D. degree, Dickinson School of Law, Pennsylvania State University; B.A. degree, Bucknell University
  • Can be contacted at [email protected] or 412-594-3903
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Why Lorman?

Over 34 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: 406702
Published 2020
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