Substance Use at Work: Legal Compliance, Policy Development, and Risk Management

Keya C. Denner
Keya C. Denner
Constangy, Brooks, Smith & Prophete, LLP

Keya is an experienced litigator who has been practicing labor and employment law for almost 20 years. He has handled every type of labor and employment matter for his clients, ranging from discrimination, disability, non-compete and trade secret protections, to wage and hour class actions.

Tammy C. Woolley
Tammy C. Woolley
Constangy, Brooks, Smith & Prophete, LLP

During her more than two decades practicing law, Tammy has successfully represented employers in the defense of claims arising out of the employment relationship. She routinely provides advice to clients concerning all employment-related issues in an effort to avoid litigation.

On-Demand: May 21, 2025

2 hour CLE

Tuition: $195.00
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Program Summary

This program explores the legal challenges and risks employers face when managing alcohol and substance use in the workplace, including employee and job applicant use of medical and adult-use cannabis in states where this substance is legal. Attorneys will gain a thorough understanding of the laws governing alcohol and drug use in work settings, including key compliance issues and strategies to mitigate legal risks. The session will provide practical guidance on addressing substance use in safety-sensitive roles, drafting effective workplace policies, and managing accommodation requests. Attendees will also examine real-world tactics for protecting companies from potential liability, including legal considerations for disciplinary actions and terminations related to alcohol and drug misuse.

Key topics to be discussed:

  • Understanding laws governing alcohol and drug use in work settings
  • Addressing substance misuse in safety-sensitive roles
  • Managing accommodation requests for medical marijuana
  • Alcohol and drug testing: Tactics for protecting your company
  • Drafting strong substance use policies: Mitigating legal risks
  • Considerations for employers governed by federal DOT regulations

Closed-captioning available

Speakers

Keya C. Denner | Constangy, Brooks, Smith & Prophete, LLP

Keya is an experienced litigator who has been practicing labor and employment law for almost 20 years. He has handled every type of labor and employment matter for his clients, ranging from discrimination, disability, non-compete and trade secret protections, to wage and hour class actions. Keya also has extensive experience counseling employers on matters relating to the Family and Medical Leave Act and the Americans with Disabilities Act.

Keya is not only a tough advocate, but a thoughtful and detail-oriented sounding board who helps his clients avoid litigation. He specializes in trainings for his clients’ executives, HR team, front-line managers, and employees on a variety of topics like harassment awareness and prevention, the impact of the #metoo movement on business operations, and best workplace practices for managers and supervisors.

Few attorneys nationwide match Keya’s expertise in the area of legal cannabis and its impact on the workplace. Keya serves as co-chair of the Cannabis & Employee Substance Abuse practice group and has a deep understanding of the various laws and issues surrounding the country’s rapidly expanding legal cannabis industry. Keya has counseled Fortune 500 companies in the retail, hospitality, and global logistics spaces to create compliant policies and better understand the ever-changing legal landscape brought about by the legalization of cannabis across the United States. Keya is a sought-after speaker and trainer on this topic.

 

Tammy C. Woolley | Constangy, Brooks, Smith & Prophete, LLP

During her more than two decades practicing law, Tammy has successfully represented employers in the defense of claims arising out of the employment relationship. She routinely provides advice to clients concerning all employment-related issues in an effort to avoid litigation. Tammy handles claims and litigation in state and federal courts involving matters relating to discrimination, retaliation, and harassment (including claims based on race, religion, gender, age, and disability). Other matters she handles include any and all tort claims in the employment context, including wrongful discharge, breach of contract, fraud, outrage, invasion of privacy, assault and battery, covenants not-to-compete, restraint of trade, worker’s compensation, and unemployment compensation claims. She also prepares handbooks, policies and procedures for clients, gives advice to employers with respect to all issues arising out of the workplace, as well as providing training on avoiding discrimination and harassment.

Tammy serves as an administrative hearing officer for one municipality, conducting hearings of appeals of decisions rendered by its personnel board.

Agenda

I. Understanding laws governing alcohol and drug use in work settings | 1:00pm – 1:20pm

II. Addressing substance misuse in safety-sensitive roles | 1:20pm – 1:40pm

III. Managing accommodation requests for medical marijuana | 1:40pm – 2:00pm

Break | 2:00pm – 2:10pm

IV. Alcohol and drug testing: Tactics for protecting your company | 2:10pm – 2:30pm

V. Drafting strong substance use policies: Mitigating legal risks | 2:30pm – 2:50pm

VI. Considerations for employers governed by federal DOT regulations | 2:50pm – 3:10pm

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for CLE Credits
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Approved for CLE Credits
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Approved for CLE Credits
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Approved for CLE Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Approved for CLE Credits
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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