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TRANSCRIPT
Substance Abuse and the Construction Site
Presented By:
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mail: P.O. Box 509 Eau Claire, WI 54702-0509 • telephone: 866-352-9539 • fax: 715-802-1131email: [email protected] • website: www.lorman.com • seminar id: 406150
Edward G. Renner, The Law Offices of Edward G. Renner
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Substance Abuse and the Construction Site
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mail: P.O. Box 509 Eau Claire, WI 54702-0509 • telephone: 866-352-9539 • fax: 715-802-1131email: [email protected] • website: www.lorman.com • seminar id: 406150
Prepared By:Edward G. Renner, The Law Offices of Edward G. Renner
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Substance Abuse and the Construction Site
Presented by Edward G. Renner
Assistant Vice President, Corporate Counsel
American Property Casualty Insurance Association
1
2
Purpose and Outline
Introduction
Why Construction Companies as Employers Need to Care About Substance Abuse
OSHA and Workplace Safety
Insurance – Is Your Risk Allocation At Risk?
Employee Handbook, Employment Policies, and Your Safety Program
Disclaimer, Terms of Use These course materials were prepared for an August 2019 webinar. Incorporated
U.S. Department of Labor, OSHA, or other materials from should not be taken to imply anything herein reflects the views or policies of any entity, nor do they imply any endorsement of or by the U.S. Government, Lorman Education Services, the seminar sponsor, or the presenter’s employer.
This is not compliance-based training, but rather a general seminar to increase awareness of specific hazards in the construction industry related to substance abuse.
It should NOT be assumed that the suggestions, comments, or recommendations contained herein constitute a thorough review of the applicable standards, nor should discussion of issues or concerns be construed as a prioritization of specific hazards or possible controls.
Although the presenter is an attorney, nothing herein should be considered legal advice, but rather should be considered a resource for further research or study. No business or legal decisions should be made relying solely upon these course materials, the webinar presentation, or hyperlinks provided by presenter. Nothing in presenter’s webinar materials, including answers provided during any question and answer session, are specific legal advice and attendees are responsible for obtaining such advice from their own legal counsel.
3
Disclaimer, Terms of Use (continued) No representations or warranties are made as to the thoroughness of this
presentation, the materials provided, nor any process discussed. It is the responsibility of the employer, its subcontractors, and their employees to comply with all pertinent rules and regulations in the jurisdiction in which they work. Copies of applicable OSHA regulations are available from your local OSHA office and the OSHA website.
The presenter endeavored to provide complete and accurate information, but cannot represent or guarantee that everything included in this presentation is accurate, complete, or up to date. Simply, it is presented “as is”.
Hyperlinks to other information, resources, or websites are “as is”. Neither Lorman, the seminar sponsor, nor the presenter can accept responsibility for them or for any loss or damage that may arise from your use of them. All statements and opinions expressed in such materials are the sole responsibility of the third party providing them. If you decide to access any provided hyperlink or to otherwise access content prepared by third parties, you do so entirely at your own risk and subject to the terms and conditions of use of such third party.
Why Test?
“Analyses indicate that companies with drug-
testing programs experienced a 51 percent reduction in incident rates
within two years of implementation.”
(Emphasis Added by Presenter) Citation: Gerber, J. K., & Yacoubian, G. S. (2002). An Assessment of Drug Testing within the Construction Industry. Journal of Drug Education, 32(1), 53–68. https://doi.org/10.2190/XJKE-P052-QN91-YJ6Q
4
Introduction and
Definitions
Alcohol
Caffeine
Nicotine
Prescriptions (Rx)
Illicit or Illegal Drugs
Marijuana (THC metabolite)
Cocaine
Amphetamines
Opiates (including heroin), and
Phencyclidine (PCP)
Trends
“Legal” vs. “Illicit” Drugs
5
Why do you need to care
about Construction
Site Substance Abuse?
Morale, impact to job schedule, and everyone deserves to go home safely every night
OSHA, other applicable safety laws, and regulations
Potential loss or inability to secure set aside status for noncompliance (i.e., WOSB, VOSB, SDVOSB, or MOSB)
Trend among states to legalize marijuana for medicinal or recreational use
Increased insurance rates or loss of insurability altogether
Federal Government vs. State Government Contracts
6
OSHA and Construction Site Safety
Recognizing Impairment
At-Work Impairment
Carry-Over Impairment
Your Safety Manual
OSHA andYour Safety
Program
7
Insurance and Bonding
Is your risk allocation at risk?
General Liability Insurance
Automobile Liability Insurance
Worker’s Compensation Issues
EPL Insurance
Bonding Program
Insurance as a Resource Commercial General Liability and Worker’s Compensation
Safety Program Review
Trend reporting and analysis
Professional Liability
Training and Continuing Education
Online Tools
Employer’s Practices Liability
Best Practices
Online Tools
Automobile Liability
Safe Driving Programs or Training
8
Keeping Everything Balanced
Employment Policies and your Safety
Manual
Employee Handbook and Employer Policies
Employee Handbook – Update Policies to Address Legalized Marijuana
Employer Policies – Review and Update:
Drug Testing (Pre-Employment, Random, For Cause, and Post-Incident)
ADA Considerations
HIPAA Compliance
Employment Screening re: Expunged or Pardoned Crimes Related to Marijuana
Safety Manual – Regularly Review and Update
Tool Box Talks
Equipment or Tool Use and required training or proficiency
9
Tool Box Talks
Safety Minutes
Questions and Comments?
10
Edward G. RennerAssistant Vice President, Corporate Counsel
American Property Casualty Insurance Association
8700 W. Bryn Mawr Ave., Ste. 1200S
Chicago, IL 60631-3512
(P) 847-553-3779 | (C) 312-371-4852
Please note disclaimer.
11
Substance Abuse and the Construction Site
Presented by Edward G. Renner
Assistant Vice President, Corporate Counsel
American Property Casualty Insurance Association
12
13
Disclaimer, Terms of Use These course materials were prepared for an August 2019 webinar. Incorporated
U.S. Department of Labor, OSHA, or other materials from should not be taken to imply anything herein reflects the views or policies of any entity, nor do they imply any endorsement of or by the U.S. Government, Lorman Education Services, the seminar sponsor, or the presenter’s employer.
This is not compliance-based training, but rather a general seminar to increase awareness of specific hazards in the construction industry related to substance abuse.
It should NOT be assumed that the suggestions, comments, or recommendations contained herein constitute a thorough review of the applicable standards, nor should discussion of issues or concerns be construed as a prioritization of specific hazards or possible controls.
Although the presenter is an attorney, nothing herein should be considered legal advice, but rather should be considered a resource for further research or study. No business or legal decisions should be made relying solely upon these course materials, the webinar presentation, or hyperlinks provided by presenter. Nothing in presenter’s webinar materials, including answers provided during any question and answer session, are specific legal advice and attendees are responsible for obtaining such advice from their own legal counsel.
Disclaimer, Terms of Use (continued) No representations or warranties are made as to the thoroughness of this
presentation, the materials provided, nor any process discussed. It is the responsibility of the employer, its subcontractors, and their employees to comply with all pertinent rules and regulations in the jurisdiction in which they work. Copies of applicable OSHA regulations are available from your local OSHA office and the OSHA website.
The presenter endeavored to provide complete and accurate information, but cannot represent or guarantee that everything included in this presentation is accurate, complete, or up to date. Simply, it is presented “as is”.
Hyperlinks to other information, resources, or websites are “as is”. Neither Lorman, the seminar sponsor, nor the presenter can accept responsibility for them or for any loss or damage that may arise from your use of them. All statements and opinions expressed in such materials are the sole responsibility of the third party providing them. If you decide to access any provided hyperlink or to otherwise access content prepared by third parties, you do so entirely at your own risk and subject to the terms and conditions of use of such third party.
14
OSHA
OSHA’s Website:
https://www.osha.gov/
OSHA Drug Testing and Medical Records (Standard Interpretations):
https://www.osha.gov/laws-regs/standardinterpretations/2018-10-11
https://www.osha.gov/laws-regs/standardinterpretations/1999-10-14-0
OSHA Hazard Identification Training Tool:
https://www.osha.gov/hazfinder/game/manual.html
OSHA Worker Safety Series Construction:
https://www.osha.gov/Publications/OSHA3252/3252.html
OSHA Safe Driving:
https://www.osha.gov/Publications/motor_vehicle_guide.html
Other Safety Resources Seminar Sponsor Avetta
https://www.avetta.com/clients/health-safety
https://www.avetta.com/resources
Substance Abuse and Mental Health Services Administration (“SAMHSA”)
https://www.samhsa.gov/workplace/legal/federal-laws/safety-security-sensitive
https://www.rti.org/announcements/samhsa-fact-sheets-preventing-prescription-abuse-workplace NOTE: Link to SAMHSA Fact Sheets is a Third Party
Society for Human Resource Management (“SHRM”)
https://www.shrm.org/resourcesandtools/tools-and-samples/policies/pages/cms_019908.aspx
15
Insurance Resources Assurance (Insurance Brokerage)
https://www.assuranceagency.com/solutions/industries/construction
https://www.assuranceagency.com/university
CNA
https://www.cna.com/web/guest/cna/managerisklevels?industry=Construction
International Risk Management Institute (Membership Required)
https://www.irmi.com/construction-resources
Nationwide
https://www.nationwide.com/business/insurance/industries/types/contractor-insurance
Chubb
https://www.chubb.com/us-en/business-insurance/construction.aspx
https://www.chubb.com/us-en/business-insurance/chubb-construction-risk-engineering-resource-center.aspx
More Resources Brown University
https://www.brown.edu/about/administration/policies/node/280
Federal Transit Administration
https://transit-safety.fta.dot.gov/DrugAndAlcohol/Tools/PolicyBuilder/CreatePolicy.aspx
Findlaw For Legal Professionals
Commercial Driver’s License Drug Testing under the Federal Highway Administration
https://corporate.findlaw.com/litigation-disputes/drug-and-alcohol-testing-rules-an-overview.html
Employer’s Obligations to Employees with Addiction(s)
https://corporate.findlaw.com/human-resources/what-are-an-employer-s-obligations-toward-alcoholic-employees.html
Substance Abuse in the Workplace
https://corporate.findlaw.com/human-resources/saving-lives-and-money-solving-substance-abuse-in-the-workplace.html
https://corporate.findlaw.com/human-resources/employment-law-employers-must-enforce-drug-testing-policies-in-a.html
16
Just In Case – Adding a Testing Policy Make the Decision
Type of Test
Scope
Write the Policy
Update Employee Handbook
Update Safety Program
Hire a Provider
National Lab
PEO
Employee Medical
Roll out to Employees
Be prepared and have written answers in advance
Q&A for new program
Regularly Review Drug Testing
Human Resources
Legal (from Labor & Employment, Compliance, Risk/Insurance, and Contracting Perspectives)
Safety/Insurance
Edward G. RennerAssistant Vice President, Corporate Counsel
American Property Casualty Insurance Association
8700 W. Bryn Mawr Ave., Ste. 1200S
Chicago, IL 60631-3512
(P) 847-553-3779 | (C) 312-371-4852
Please note disclaimer.
17
Notes