Associate, Fisher & Phillips LLP
Lauren Bushman, associate at Fisher & Phillips LLP, represents employers in various areas of employment litigation, including wrongful termination, harassment, discrimination, whistleblower retaliation, and PAGA cases. Bushman also counsels clients on various employment matters including employee terminations, handbooks and wage and hour issues.
Prior to joining Fisher Phillips, Bushman was an associate at a small employment and business law firm. She assisted in defending school districts at trial against claims of civil rights violations as well as negligent hiring, retention and supervision.
Session 4 - Marijuana in California: Conducting Routine, Random, Reasonable Suspicion, and Postaccident Drug Testing without Violating Applicable, Federal, State, or Local Laws
October 14, 2021, 1:00 p.m. - 2:00 p.m.
Marijuana is becoming increasingly common in our society and in our workplace. Though medical marijuana has been legal in California since the Compassionate Use Act of 1996, the legalization of recreational marijuana has increased the number of times employers encounter situations with employees who are using or have used marijuana. Despite the continued validity of zero-tolerance policies, some California employers have begun to move away from the hard-and-fast rules and relax their drug testing policies, which could spell trouble for safety professionals tasked with keeping workers safe.
Outside of uniform preemployment drug testing, employers can only require drug tests of employees if there is a reasonable suspicion that the employees have been using drugs. This uniform application is where marijuana testing often hits a snag. Where does that leave employers seeking a drug-free workplace for safety reasons? Learn how to legally conduct post-accident drug testing in accordance with applicable California laws and conduct proper “reasonable suspicion” training in this engaging session.
You’ll also learn how to:
• Identify the circumstances in which Cal/OSHA may consider recreational or medical marijuana testing illegal retaliation.
• Recognize how Cal/OSHA’s post-incident drug testing rule interacts with other state and federal drug testing laws.
• Implement best practices for balancing competing safety and legal considerations when developing a drug testing strategy.
• Develop reasonable suspicion training for supervisors.
• Create a drug and alcohol testing policy that protects the safety and health of employees and the public.