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the best of intentions, they also may create potential liability under Title VII or state anti-
discrimination laws.
9. Consider an Employee Assistance Program (EAP). EAPs can be helpful by
providing employees with counseling services and by guiding them to useful community
resources during a pandemic. EAPs may also help allay employee’s fears about coworkers and
the risk of infectious diseases.
1
Valerie N. Butera (Detroit (Metro))
Elvige Cassard (New Orleans)
Dee Anna D. Hays (Tampa)
The Hottest OSHA Topics in Healthcare
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Agenda
• Most Frequently Cited Areas in Healthcare– Workplace violence
– Failure to report
• Hot Topics– Infectious diseases and bloodborne pathogens
– Radiation exposure
– Legalized marijuana in the workplace
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Maximum Penalties
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Workplace Violence
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
What Is Workplace Violence?
• Workplace violence is violence or the threat of violence against workers. It can occur at or outside the workplace and can range from threats and verbal abuse to physical assaults and homicide.
• The workplace may be permanent or temporary (including field locations and clients’ homes).
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Staggering Statistics
• Effects between 1.5-2 million U.S. workers annually
• Homicide is the fourth leading cause of fatal occupational injuries in the workplace in the U.S.
• Murder is leading cause of death for women in the workplace
• Workplace incident costs an average of $800,000
• From the Bureau of Labor Statistics, Census of Fatal Injuries Summary, 2016: https://www.bls.gov/news.release/cfoi.nr0.htm
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Occupational Safety and Health Act of 1970• To assure safe and healthful working conditions for working
men and women; authorizing enforcement of the standards developed under the Act ...
• General Duty Clause:
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Employer Duties: Specific Standards
• Legislation in nine states (California, Connecticut, Illinois, Maine, Maryland, New York, New Jersey, Oregon, and Washington) mandates that certain types of healthcare facilities implement workplace violence prevention programs
• OSHA: Most healthcare employers are covered by the General Industry Standards found in 29 CFR § 1910
• There is no Federal OSHA Industry Standard addressing workplace violence … yet
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Federal Measures – Proposed
• House Resolution 1309, the Workplace Violence Prevention for Health Care and Social Service Workers Act, introduced by Rep. Joe Courtney (D-CT).
• Would force OSHA to issue an occupational safety and health standard that requires covered employers within the healthcare and social service industries to develop and implement comprehensive workplace violence prevention plans
• Would give teeth to OSHA’s Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Federal Measures – Proposed (cont.)
• The bill would require each workplace violence prevention plan to include:– Designation of individual responsible for implementation– Risk assessments and identification of potential workplace
violence hazards (informed by specific past incidents)– Annual evaluations– “Hazard prevention, engineering controls, or work practice
controls to correct, in a timely manner, hazards that the employer creates or controls applying industrial hygiene principles of the hierarchy of controls”
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
– “Reporting, incident response, and post-incident investigation procedures”
– “Procedures for emergency response, including procedures for threats of mass casualties and . . . incidents involving a firearm or a dangerous weapon”
– Employee training
– “Procedures for coordination of risk assessment efforts, [p]lan development, and implementation of the [p]lan with other employers”
Federal Measures – Proposed (cont.)
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Secretary of Labor v. Integra Health Management, Inc., OSHRC No. 13-1124
• The case involves a General Duty Clause citation over the death of a health care service coordinator provider, whose employee checked in on a mentally-ill member with a criminal history that included acts of violence. OSHA cited Integra for exposing employees “to the hazard of being physically assaulted by members with a history of violent behavior.”
• The client had a criminal record (grand theft of a motor vehicle in 1981, battery in 1992, aggravated battery with a deadly weapon in 1990, and aggravated assault with a weapon in 1995).
• Stabbed the employee nine times.
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Legal Framework – Employer Liability
• OSHA – General Duty Clause
• Workers’ compensation
• Tort
• State law and statutory claims
• Disability discrimination claims
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
• Conduct background screening
• Craft a tough, consistently enforced anti-violence policy and train employees
• Establish a crisis management team
Best Practices
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
• Important to have written plan and escalation procedures, emergency action plan (EAP)
– Involvement and partnership with local police departments (many have workplace violence units)
– Do regular drills, include active shooter protocols
– Use of technology for first alert system
Best Practices (cont.)
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Understanding OSHA Reporting and Recordkeeping
Obligations
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
When must you report an injury or illness to OSHA?
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Reporting Requirements – All Employers!
• Fatalities – 8 hours
– What about heart attacks?
– What about car wrecks?
– What about commercial airplane, train, subway, or bus accidents?
– What if the fatality occurs after the work-related incident?
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Reporting Requirements – All Employers!(cont.)
• Inpatient hospitalizations – 24 hours
– Formal admission to the inpatient service of a hospital or clinic for care or treatment
– What about observation?
– Is an IV considered treatment?
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
• Amputations – 24 hours
– The traumatic loss of a limb or other external body part
– What about the tip of a finger?
– Loss of a tooth?
Reporting Requirements – All Employers!(cont.)
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
• Loss of an eye – 24 hours
– What about the loss of use of an eye?
– Blindness?
• What if an in-patient hospitalization, amputation, or loss of an eye occurs after the work-related incident?
Reporting Requirements – All Employers!(cont.)
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
• Notification may be made by telephone or in person to the OSHA Area Office that is nearest to the site of the incident, by telephone to the OSHA toll-free central telephone number, (800) 321-6742, or by electronic submission using the reporting application located on OSHA’s public website at www.osha.gov/report_online
• Reporting information for state plan states may vary
• Don’t forget about recordkeeping requirements
Reporting Requirements
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Internal Reporting Requirements for Employees
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Do you have personnel policies that require employees to report?
• Accidents and/or near misses?• Injuries and illnesses?
– Must set up a way for employees to report work-related injuries and illnesses promptly; and
– Must tell each employee how to report work-related injuries and illnesses to you
• Safety hazards and concerns?• Address anti-retaliation
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
When must you record something on an OSHA log? Must logs be
submitted to OSHA?
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Recordkeeping Requirements –Part 1904
• Many employers with more than 10 employees at any time during the last calendar year are required to record serious work-related injuries and illnesses– May still be exempt because of industry classification
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Recordkeeping Requirements –Part 1904.2 Industry Exemption
• Partially exempt industries are excluded, unless asked in writing by OSHA, the Bureau of Labor Statistics, or a state agency with such authority.
• All industries in agriculture, construction, manufacturing, utilities, and wholesale trade sectors are covered.
• Appendix A to Subpart B lists partially exempt industries: www.osha.gov/recordkeeping/ppt1/RK1exempttable.html
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
OSHA Recordable Injuries and Illnesses
• Any work-related fatality
• Any work-related injury or illness that results in loss of consciousness, days away from work, restricted work, or transfer to another job
• Any work-related injury or illness requiring medical treatment beyond first aid
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
OSHA Recordable Injuries and Illnesses(cont.)
• Any work-related diagnosed case of cancer, chronic irreversible diseases, fractured or cracked bones or teeth, and punctured eardrums
• Special recording criteria for work-related cases involving needlesticks and sharps, medical removal, hearing loss, and TB
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
1904.8 – Blood borne Pathogens
• Record all work-related needle sticks and cuts from sharp objects that are contaminated with another person’s blood or other potentially infectious material (includes human bodily fluids, tissues and organs; other materials infected with HIV or HBV such as laboratory cultures)
• Record splashes or other exposures to blood or other potentially infectious material if it results in diagnosis of a blood borne disease or meets the general recording criteria
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
1904.29 – Forms
• Employers must enter each recordable case on the forms within 7 calendar days of receiving information that a recordable case occurred
• Forms can be kept on a computer as long as they can be produced when they are needed (i.e., meet the access provisions of 1904.35 and 1904.40)
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
1904.30 – Multiple Business Establishments
• Keep a separate OSHA Form 300 for each establishment that is expected to be in operation for more than a year
• May keep one OSHA Form 300 for all short-term establishments
• Each employee must be linked with one establishment
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
1904.31 – Covered Employees
• Employees on payroll
• Employees not on payroll who are supervised on a day-to-day basis
• Exclude self-employed and partners, unpaid volunteers, family members on family farms, domestic workers in residential settings
• Temporary help agencies should not record the cases experienced by temp workers who are supervised by the using firm (should not be recorded twice, i.e., by both)
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Must Logs Be Submitted to OSHA?
• Yes, upon request – within 4 business hours! 1904.40
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Electronic Filing
• Required to submit OSHA Form 300A– Establishments with 250 or more employees
– Establishments with 20-249 employees classified in certain industries with historically high rates of injuries and illnesses
– Establishments with fewer than 20 employees at all times during the year do not have to routinely submit information electronically to OSHA
– Reports are due on March 2nd each year – 29 CFR § 1904.41
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Retention of Records
• 5 years following the end of the calendar year that these records cover (must update OSHA Form 300 during that period).
• Employee’s medical records must be maintained for 30 years.
• Each employee exposure record must be retained for 30 years.
• Each analysis using medical or exposure records shall be preserved and maintained for 30 years.
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
1904.32 – Annual Summary
• A company executive must certify the summary:– An owner of the company
– An officer of the corporation
– The highest ranking company official working at the establishment, or
– His or her supervisor
• Must post for 3-month period from February 1 to April 30 of the year following the year covered by the summary
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
1904.35 – Employee Involvement
• Must provide limited access to injury and illness records to employees, former employees, and their personal and authorized representatives– Provide copy of OSHA Form 300 by end of next business day
– Provide copy of OSHA Form 301 to employee, former employee, or personal representative by end of next business day
– Provide copies of OSHA Form 301 to authorized representative within 7 calendar days. Provide only “Information about the case” section of form.
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
What are the Top 10 Recordkeeping Mistakes?
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
1. Misunderstanding Work Restrictions
2. Not Keeping Privacy Cases Private
3. Missing an Important Witness – The Injured Employee
4. Excessive Reliance on Failure to Immediately Report
5. Misunderstanding Aggravation (Understandably)
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10 OSHA Recordkeeping Questions(Employers Get Wrong)
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
6. Applying or Being Influenced by Non-OSHA Recordkeeping Criteria
7. Some Common-Sense First Aid Is Recordable
8. Understanding What Is a Prescription Medicine
9. Not Tracking Later Events
10. Failing to Update and Audit Logs
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10 OSHA Recordkeeping Questions(Employers Get Wrong) (cont.)
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Best Practices
• Designate who will captain reporting and recordkeeping for your organization and provide regular training.
• Audit logs on a regular basis.
– Correct errors.
– Pay attention to trends. What can the company do better to prevent future injuries and illnesses?
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Best Practices (cont.)
• Regularly review and update company policies on accident reporting, workers’ compensation, drug testing, and safety incentive programs.
• Consistently document and enforce policy violations.
• Document safety audits and other proactive measures.
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Prevent
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Basic Elements of Prevention
• Promote Good Hygiene
– Hand washing
– Hand sanitizer stations
– Facility cleanliness
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Basic Elements of Prevention (cont.)
• Employee Education
– Awareness of threats
– Safety equipment and precautions
– Reporting procedures
– Encourage use of sick time and leave
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Basic Elements of Prevention (cont.)
• Training
– OSHA Standards
– Legal Compliance (EEO, FMLA, etc.)
• Medical Services
– Health insurance collaboration
– Coordination with onsite providers
– Vaccination program
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
• State laws vary
– Some states require mandatory vaccines for certain healthcare workers (e.g., HepB)
– Some states require certain employers to offervaccines
– Many states have no statutory barriers
Mandatory Vaccinations?
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Mandatory Vax Considerations
• Understand state law requirements– https://www.cdc.gov/phlp/publications/topic/vaccinationlaws.html
• Obligation to bargain with the union, if applicable
• Federal law requirements– ADA exemption or accommodation process for disabilities
– Title VII exemption process for religious objections
– Rapidly evolving area of the law• E.g., litigation testing limits of ADA and Title VII requirements
• E.g., new HHS office for Conscience and Religious Freedom (https://www.hhs.gov/conscience/index.html)
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Voluntary Vaccinations?
• Consider what vaccines
– Seasonal flu
– Hepatitis for foodservice and hospitality
– HepB for jobs potentially exposed to blood or infectious materials
– Others targeted to impending outbreaks or risks (e.g., measles)
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Voluntary Vaccinations? (cont.)
• Incentivize to increase participation
– Employer covers the costs
– Convenient location and scheduling
– Catered meals or entertainment
– Financial incentives? Caution: ADA and Title VII
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Voluntary Vaccinations? (cont.)
• Reduces risk of ADA/Title VII claims
• Reduces risk of employee relations and negative media issues
• Caution: Having a voluntary program may be mandatory in some situations
– OSHA Bloodborne Pathogens standard regarding HepB
– State laws regarding healthcare or childcare workers
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
React
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Assess the Threat
• Assess the threat and temper approach accordingly
– Seasonal flu?
– Isolated infection, such as HepA, MRSA, tuberculosis, etc.?
– Outbreak, epidemic, pandemic concerns?
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Immediate Care
• Triage the situation
– Has the employee already been seen or treated by a physician?
– If sudden illness at work, send home sick and refer to medical care (or call 911 if appropriate)
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Immediate Care (cont.)
• If the infectious agent is known, consult with medical and legal and obtain available info
– CDC Info and Fact Sheets (www.cdc.gov)
– CDC Hotline (1-800-CDC-INFO)
– State/Local Health Departments
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Mitigate Worksite Risks
• Response will vary significantly depending on the infectious agent
• Follow any applicable OSHA guidelines– E.g., Bloodborne Pathogens Standard
• Follow any health authority guidance
• Clean and sanitize the workspace
• Offer testing and/or additional vaccinations?
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Bloodborne Pathogen Programs
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
OSHA’s Bloodborne Pathogens Standard (29 CFR 1910.1030)
• Prescribes safeguards to protect workers from health hazards caused by bloodborne pathogens.
• Requirements address items such as exposure control plans, universal precautions, engineering and work practice controls, PPE, housekeeping, labs, post-exposure follow-up, HAZCOM, and training.
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Who Does it Apply to?
• Both public and private sector employers.
• All employers who have employees (even 1 employee counts) with occupational exposure.
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
What is Occupational Exposure?
• Reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other potentially infectious materials that may result from the performance of the employee’s duties.
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
What if I Have Less Than 10 Employees?
• Covered if they have occupational exposure to blood or potentially infectious materials regardless of how many workers are employed.
• But, exempt from recording and exempt from maintaining a sharps injury log.
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Use of Engineering and Work Practice Controls
• Used to eliminate or minimize employee exposure.
• Considerations like sharps disposal containers, self-sheathing needles, and safer medical devices.
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
OSHA Guidance on Safer Medical Devices?
• Not really. OSHA does not approve or endorse any product.
• Employers must identify and implement appropriate, commercially available and effective safer medical devices for the specific medical procedures being conducted.
• If no safer device on the market, you are not required to choose something new.
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
What is in an Exposure Control Plan?
• Exposure determination
• Procedures for evaluating exposure incidents
• Schedule of how the standard will be implemented
• Documentation of procedures
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Radiation Exposure
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Today’s Headlines
• Lawsuit: Surgeon’s cancer caused by improper radiation safety at hospital
• Medical imaging technology puts doctors at risk for cancer
• Are physicians unaware about the effects, risks of radiation exposure?
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
OSHA’s Traditional Approach to Radiation Exposure
• OSHA regulations specific to ionizing radiation are found at 29 CFR 1910.1096.
• But OSHA has not traditionally investigated employee exposure to ionizing radiation in healthcare.
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Healthcare Employees Making OSHA Aware
• Multi-layered approach – unions, affected/disgruntled employees, medical device industry
• Caused NIOSH to study the problem and will likely lead to more specific guidance and/or regulations for healthcare industry
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Best Practices for Employers
• Training!
– Even very basic training on radiation shown to improve healthcare employees’ safety practices
– Ensure all employees working with/around radiation are trained on the specific equipment used
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Best Practices (cont.)
• Perform organization-wide audit of equipment with a medical physicist.
• Evaluate PPE to ensure it is sufficient to protect employees from anticipated exposure.
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Legalized Marijuana in the Workplace – Don’t Get Lost in
the Weeds
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Marijuana is a Nationwide Concern
• Over 70% of Americans live in states permitting at least some marijuana use
• 33 states have legalized medical marijuana
• 10 states and Washington, D.C. have legalized recreational use
• 9 more states close to full legalization
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Applicable Federal Laws
• Controlled Substances Act
• Americans with Disabilities Act
• Occupational Safety and Health Act
• Drug-Free Workplace Act
• Federal contractors and recipients of federal grants must prohibit use of marijuana as a condition of participation
• DOT Guidelines prohibit the use of medical marijuana for transportation workers in safety-sensitive jobs
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Anti-Discrimination Laws
• Most MMLs/court decisions provide that employers are NOT required to accommodate intoxication, use, or possession in the workplace
• But…
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Medical Marijuana and Job Protections
• 12 states with medical marijuana statutes containing express job protections/anti-discrimination provisions:
1. Arizona2. Arkansas3. Connecticut4. Delaware5. Illinois6. Maine
7. Minnesota8. New York9. Nevada10. Pennsylvania11. Rhode Island12. Oklahoma
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Medical Marijuana and Job Protections (cont.)
• In states with anti-discrimination provisions, merely possessing a medical marijuana card or testing positive for marijuana on a random or pre-employment drug screen generally not sufficient cause for automatic adverse action against employee
• In most cases, employer must demonstrate that the employee used, possessed, or was impaired by the drug at work
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Marijuana Types
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Testing/Detection Issues
• Pre-Employment
• Random
• Post-Accident
• Reasonable Suspicion
– State-specific laws may apply
– Training is paramount
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
ADA/FMLA/Leave Laws
• No duty to accommodate illegal drug use
• Recovering addict provisions
• May have a duty to engage in the interactive process if there is a reason to believe the employee is disabled
• May have to consider whether FMLA or other leave is appropriate for underlying medical condition
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Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
Workplace Safety Considerations
• Duty to provide safe workplace is paramount.
• Medical marijuana may have positive medical benefits, but there are potential negative effects, particularly in an inherently hazardous work environment.
• Currently, there is no reliable metric for determining when a particular level of THC from marijuana usage impairs the user and for how long the user remains impaired.
Workplace Safety Symposium December 4-6, 2019JW Marriott New Orleans
What Should Employers Do Now?
• Plan ahead– Review/consider drug testing policy (generally no “one size fits all”
policy for nationwide compliance)
– Implement supervisor and employee training
– Provide employee education and offer employee assistance
– No state currently restricts employer prohibition on recreational use, but beware of “lawful off-duty conduct” litigation
– Uniformly enforce drug testing policies to avoid discrimination claims
– Get qualified assistance as necessary
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Valerie N. Butera (Detroit (Metro))
Elvige Cassard (New Orleans)
Dee Anna D. Hays (Tampa)
The Hottest OSHA Topics in Healthcare
Elvige CassardOf Counsel || New Orleans
Elvige Cassard (formerly Richards), maintains an extensive practice in
the area of labor and employment law through pro-active advices to and
legal representation of employers, including business owners and
managers. Ms. Cassard received her B.A. from Newcomb College of
Tulane Universi� and, in December ����, her J.D. from Loyola
Universi� School of Law (New Orleans). Ms. Cassard was a member of
the Loyola Law Review and Moot Court Sta�. She also received the
Loyola Law Clinic Award and McCauley Scholarship, and served as the
Student Bar Association Class Representative.
Ms. Cassard is a member of the New Orleans and Covington Bar
Associations, the Louisiana State Bar Association (“LSBA”) and the
American Bar Association (“ABA”). She is admi�ed to the bars of all
federal courts in Louisiana, including the U.S. Fi�h Circuit Court of
Appeals. She belongs to the Labor and Employment Law (“LEL”) and
Litigation Sections of the ABA, and is a member of the LEL’s
Commi�ees on Equal Employment Opportuni� and is on the LSBA
Employment Law Commi�ee. She is a past facul� member of the
National Institute for Trial Advocacy, and of the Advisory Board of the
St. Tammany Healthcare Alliance and is a past Chair of the Employee
Relations Council of the Louisiana Association of Business & Industry
(“LABI”). Ms. Cassard is a contributor to the BNA treatises and its
supplements, Employment Discrimination Law and Employment at
Will. In addition to successfully representing employers in labor and
employment related lawsuits, arbitrations, mediations and other actions
before various state and federal courts and agencies, Ms. Cassard
advises clients on a wide spectrum of personnel issues and policies and
has given and contributed to numerous trainings, speeches and