Prescriptions and Drug Use in the Workplace

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Category ada employment, can you get fired for taking prescription drugs

Deadline: January 25, 2018 | Date: January 25, 2018

Venue/Country: CO, U.S.A

Updated: 2017-12-13 14:04:37 (GMT+9)

Call For Papers - CFP

Prescription use by employees – whether legal or illegal – is difficult to handle. More and more employees are taking benzoids to deal with psychiatric issues. The abuse of opioid medications is considered to be a national epidemic. Even over the counter drugs can cause safety concerns. Employers need to stay vigilant to protect their business and to ensure that they are providing a safe working environment for all.

WHY SHOULD YOU ATTEND

Each year, alcohol and drug abuse costs American businesses approximately $100 billion in lost productivity. Employers' primary costs related to addictions are not for the treatment of the disease of addiction. Instead, they are direct health care costs for related injuries and health problems, and indirect costs for absenteeism, productivity, workplace injuries, workers compensation and disability claims. Employers clearly have a need to address employees’ use of drugs – even if they are being used legally. Yet, the law puts many roadblocks to the unwary employer in how to address this difficult and costly issue.

Of course, illegal drugs create problems in the workplace. Yet, legal drugs create problems in and of themselves. Elvis Presley never saw himself as a drug abuser because all of his medications had been prescribed by a doctor. Your employees may have this attitude of it can’t be bad if prescribed by a doctor. It is estimated that prescription drugs and over-the-counter drugs are, after marijuana (and alcohol), the most commonly abused substances. Of course, many states have now legalized marijuana being prescribed for medicinal purposes (“oh, you suffer from migraines? Here’s a prescription for marijuana.”) Almost every individual will receive a prescription for some ailment at some time in their livelihood. Sometimes, a prescription may be for a substance that can become addictive if not used as prescribed. Even over the counter medications can be abused (cough medicine). While most people understand that an employer has a legitimate interest in employees who report to work with more medicine in their system than their doctor prescribed. The more difficult cases involve when employees are taking their medication as prescribed. What business is of yours if I am taking medicine just as the doctor prescribed? Most employers really don’t care if an employee is taking medicine as prescribed – as long as the medication doesn’t influence the employee’s ability to perform his/her job. What questions can an employer ask? The answer implicates issues under the Americans with Disabilities Act, the Family and Medical Leave Act, and many more legal principles! This webinar will walk you through the practical issues as well as the legal principles that may regulate what you can do and not do with an employee taking prescription medications and/or medical marijuana.

AREAS COVERED

• The most common prescription drugs that can impair an employee’s ability to perform his/her position.

• What questions an employer can ask (and when) without running afoul of the Americans with Disabilities Act.

• Accommodation requirements under the ADA for employees taking legally prescribed medications.

• Disciplinary concerns for employees with diagnosed disabilities who refuse to take their medication.

• Leave requirements for employees who may need time off to regulate medications under the ADA and FMLA.

• Leave requirements for employees who need rehabilitation due to prescription drug abuse under the ADA and FMLA.

• Fourth Amendment concerns when inquiring about prescription drug use.

• Privacy issues when inquiring about prescription drug use

• How to write a drug testing policy that will allow testing for prescription drug use

LEARNING OBJECTIVES

In this webinar, you will learn about the most commonly abused prescription medications. We will address issues under the Americans with Disabilities Act and the Family and Medical Leave as well as what your drug policies should contain.

WHO WILL BENEFIT

• Human resource professionals

• Risk managers

• Benefits personnel

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