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

Navigate federal and state drug testing laws, cannabis employment protections, accommodation requirements, and policy strategies to mitigate workplace substance abuse risks.

2025-05-21 13:00:00

Program Details

2025-05-21 13:00:00

Program Details

2025-05-21 13:00:00

Over 1,000+ webinars

2025-05-21 13:00:00

Course Overview

Navigating Workplace Substance Use Compliance

2025-05-21 13:00:00

Participants will master federal and state drug testing requirements, accommodation obligations, and documentation protocols for substance-related employment decisions. These skills enable legally defensible policies across multiple jurisdictions.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Federal Laws
Key federal drug testing laws include the Drug-Free Workplace Act and DOT regulations.
02
Cannabis Status
Cannabis remains Schedule I federally, with rescheduling to Schedule III proposed in 2024.
03
State Protections
Nineteen jurisdictions have specific employment protections for medical cannabis cardholders.
04
Testing Science
Urinalysis detects non-psychoactive metabolites remaining 30-45 days, not current impairment.
05
Observations
Documented supervisor observations using standardized checklists are critical evidence for reasonable suspicion.
06
Policy Drafting
Policies should be reviewed annually and tailored to company philosophy and state requirements.

Program schedule

clock 1:00 pm - 1:20 pm EST

Understanding Workplace Alcohol and Drug Use Laws

This session examines the federal and state legal frameworks governing substance use in the workplace, including the Drug-Free Workplace Act and DOT regulations. Attendees will learn how cannabis’s Schedule I status impacts employment decisions and navigate the complexities of multi-state compliance.

Keya C. DennerKeya C. Denner
Tammy C. WoolleyTammy C. Woolley
clock 1:20 pm - 1:40 pm EST

Addressing Substance Misuse in Safety-Sensitive Roles

Explore DOT drug and alcohol testing regulations and the CDL Drug and Alcohol Clearinghouse requirements for safety-sensitive positions. This session clarifies zero-tolerance policies for THC and explains the critical distinctions between federal and state testing protocols.

Keya C. DennerKeya C. Denner
Tammy C. WoolleyTammy C. Woolley
clock 1:40 pm - 2:00 pm EST

Managing Medical Marijuana Accommodation Requests Effectively

Learn how the ADA intersects with state medical cannabis laws and the 19 jurisdictions offering employment protections for cardholders. This session covers statutory interpretation strategies and the critical distinction between hemp and marijuana under federal law.

Keya C. DennerKeya C. Denner
Tammy C. WoolleyTammy C. Woolley
clock 2:00 pm - 2:10 pm EST

Break

A short intermission allowing attendees to refresh before continuing with the remaining sessions on drug testing tactics and policy development.

Keya C. DennerKeya C. Denner
Tammy C. WoolleyTammy C. Woolley
clock 2:10 pm - 2:30 pm EST

Drug Testing Tactics to Protect Your Company

Discover the science behind drug testing methods and why urinalysis cannot prove current impairment. This session emphasizes the critical role of documented behavioral observations and proper protocols for reasonable suspicion testing.

Keya C. DennerKeya C. Denner
Tammy C. WoolleyTammy C. Woolley
clock 2:30 pm - 2:50 pm EST

Drafting Strong Substance Use Policies Strategically

Master the essential components of compliant substance use policies tailored to your company’s philosophy and workforce. Learn how to address multi-state considerations, training requirements, and union obligations while mitigating legal exposure.

Keya C. DennerKeya C. Denner
Tammy C. WoolleyTammy C. Woolley
clock 2:50 pm - 3:10 pm EST

Federal DOT Regulation Compliance for Employers

Examine the zero-tolerance requirements under DOT regulations and recent case law developments affecting employer liability. This session covers FMCSA resources, the oral fluid testing delay, and lessons from key decisions like Xanatetch v. Walmart.

Keya C. DennerKeya C. Denner
Tammy C. WoolleyTammy C. Woolley
Keya C. Denner

Keya C. Denner

Constangy, Brooks, Smith & Prophete, LLP

Tammy C. Woolley

Tammy C. Woolley

Constangy, Brooks, Smith & Prophete, LLP

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, handling discrimination, disability, non-compete, trade secret protections, and wage and hour class actions. He is nationally recognized for his expertise in legal cannabis and its impact on the workplace.

Recognition & Leadership

Few attorneys nationwide match Keya's expertise in the area of legal cannabis and its impact on the workplace. He is a sought-after speaker and trainer on cannabis-related employment topics.

Professional Involvement

Co-chair of the Cannabis & Employee Substance Abuse practice group. Specializes in trainings for executives, HR teams, front-line managers, and employees on harassment awareness, the #metoo movement's impact on business operations, and best workplace practices.

Experience

Almost 20 years practicing labor and employment law. Has handled every type of labor and employment matter including discrimination, disability, non-compete and trade secret protections, and wage and hour class actions. Extensive experience counseling employers on FMLA and ADA matters. Has counseled Fortune 500 companies in retail, hospitality, and global logistics spaces on cannabis compliance policies.
Tammy C. Woolley

Tammy C. Woolley

Constangy, Brooks, Smith & Prophete, LLP

Tammy has more than two decades of experience successfully representing employers in defense of claims arising out of the employment relationship, routinely advising clients on employment-related issues to avoid litigation.

Professional Involvement

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

Experience

More than two decades practicing law representing employers. Handles claims and litigation in state and federal courts involving discrimination, retaliation, harassment, wrongful discharge, breach of contract, fraud, invasion of privacy, assault and battery, covenants not-to-compete, restraint of trade, worker's compensation, and unemployment compensation claims. Prepares handbooks, policies and procedures for clients and provides training on avoiding discrimination and harassment.
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, handling discrimination, disability, non-compete, trade secret protections, and wage and hour class actions. He is nationally recognized for his expertise in legal cannabis and its impact on the workplace.

Recognition & Leadership

Few attorneys nationwide match Keya's expertise in the area of legal cannabis and its impact on the workplace. He is a sought-after speaker and trainer on cannabis-related employment topics.

Professional Involvement

Co-chair of the Cannabis & Employee Substance Abuse practice group. Specializes in trainings for executives, HR teams, front-line managers, and employees on harassment awareness, the #metoo movement's impact on business operations, and best workplace practices.

Experience

Almost 20 years practicing labor and employment law. Has handled every type of labor and employment matter including discrimination, disability, non-compete and trade secret protections, and wage and hour class actions. Extensive experience counseling employers on FMLA and ADA matters. Has counseled Fortune 500 companies in retail, hospitality, and global logistics spaces on cannabis compliance policies.
Tammy C. Woolley

Tammy C. Woolley

Constangy, Brooks, Smith & Prophete, LLP

Tammy has more than two decades of experience successfully representing employers in defense of claims arising out of the employment relationship, routinely advising clients on employment-related issues to avoid litigation.

Professional Involvement

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

Experience

More than two decades practicing law representing employers. Handles claims and litigation in state and federal courts involving discrimination, retaliation, harassment, wrongful discharge, breach of contract, fraud, invasion of privacy, assault and battery, covenants not-to-compete, restraint of trade, worker's compensation, and unemployment compensation claims. Prepares handbooks, policies and procedures for clients and provides training on avoiding discrimination and harassment.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.4
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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MCLE Credits

Alabama
Pending
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Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
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Maryland
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Massachusetts
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Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
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New Mexico
Pending
New York
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North Carolina
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Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs