Drinks, Drugs and Drags:

Transcription

1 Drinks, Drugs and Drags: Alcohol, Marijuana, and E cigarette Emerging Issues Presented by Frederick G. Gus Sandstrom, Blank Rome LLP h l k Rome LLP Anthony A. Mingione, Blank Richard W. Diaz, Blank Rome LLP Sean V. V Burke, Burke University of Pennsylvania

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3 Up in Smoke? Recent tdevelopments in E cigarette and Marijuana Laws 119

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5 E cigarettes: What are they? Battery powered devices that are designed to mimic cigarettes by vaporizing nicotine laced liquid that is inhaled by the user 121

6 E cigarettes: Current and Proposed Laws FDA proposed p regulations: no sale to minors; no vending machine sales; no free samples; required health warnings State laws restricting e cig use: in 100% smoke free venues: 3 in other venues: 10 Local laws restricting e cig use in 100% smoke free venues:

7 E cigarettes: In the Workplace Workplace bans are on the rise Wal Mart, Target, Starbucks, Home Depot, GE Most lump e cigarettes in with tobacco rather than drug policies 123

8 E cigarettes: In the Workplace Considerations Benefits: no smoke breaks; higher productivity; employee morale; may help reduce employee tobacco use overall Costs: secondhand smoke concerns; limited research; potentially just as harmful as tobacco to co workers, customers and others that come in contact with the vapors; makes co workers and customers uncomfortable Ensure consistency with other policies (cigarettes and other nicotine products) 124

9 Marijuana 125

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11 Marijuana: State Laws 127

12 Marijuana: Proposed Bills/Initiatives 128

13 Marijuana: State Laws State laws authorize individuals who suffer from a debilitating medical condition to use marijuana upon receipt of a registry identification card Majority of state laws do not prohibit employment discrimination based on marijuana use nor require employers to allow marijuana use in their policies 129

14 Marijuana: State Law Exceptions AZ and DE law include a specific employment based anti discrimination section that protects medical marijuana cardholders Employers are prohibited from taking adverse actions based on an employee s or applicant s status as a cardholder, or a qualifying i patient s t positive drug test, t unless the qualifying patient used, possessed or was impaired by marijuana while at work or during work hours Laws do not define impaired 130

15 Marijuana: Employer Policies Private employers have the right to set their own policies (AZ/DE exception) Employers can enforce their drug policies regardless of state or local laws permitting the medical and/or recreational use of marijuana Outstanding issues: Can employees terminated pursuant to an employers policy banning marijuana use claim unemployment compensation? ADA implications? 131

16 Drowning in Gin? Alcohol and the Workplace 132

17 Common Pitfalls Holiday party Alcohol Best practices to reduce exposure Work khappy hours On duty or off duty? Applicability of policies Worker s compensation Liability for improper/illegal conduct Recovery ADA implications during and following 133

18 How to Handle Employee Drug and Alcohol Use 134

19 Drug and Alcohol Policy Have a clear drug and alcohol policy Lay out expectations: Covered substances; Test for each substance? Prescription, OTC drugs? Impairment; Work and non work use; Possession; Testing; and Discipline. Ensure policies are applied consistently and in a nondiscriminatory manner 135

20 Testing Pre employment Post employment Reasonable suspicion Safety sensitive position Accidents Screening for prescription drugs Re testing 136

21 Discipline Issues to consider: Flexibility vs. no tolerance Rehab/assistance programs Refusal to test 137

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23 Questions? 139