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.

Live Video-Broadcast: May 21, 2025

2 hour CLE

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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.

This course is co-sponsored with myLawCLE.

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

Date / Time: May 21, 2025

  • 1:00 pm – 3:10 pm Eastern
  • 12:00 pm – 2:10 pm Central
  • 11:00 am – 1:10 pm Mountain
  • 10:00 am – 12:10 pm Pacific

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

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