DQ5 ch4 9.27

Re: Drug-Free Workplace

class, marijuana is not legal in any state based on the federal  laws.  About 29 states have allowed medical marijuana be under federal  law that is still illegal.  There are only a very few states that allow  recreational marijuana and again that is still against federal law.  In  WY it is illegal to have recreational marijuana and folks coming from CO  end up with a citation from our local police for having the material  even though it is legal in CO.

DQ6 ch14 priv. ken 8.51

class, the Fourth Amendment doesn’t apply to private business.  It  applies to the government specifically.  A company can have a policy  that if you bring something on site, then you are giving your consent to  examine it.  Folks, remember that the company doesn’t have th same  requirements under the Constitution that the government does.  A company  can do random searches if that is in their policy and the policy has  been made known to the employees.  Now with that in mind, if the company  just invades your privacy without any basis, you might have a claim but  you need to make sure that you have not already consented to that  intrusion.

Dq7 ch14 reply ken 9.02

class, the employee should have disclosed that he/she is on prescribed  medication and that is not something that would be a disqualifier  however, if the drug is something that the employee should not be taking  while at work, then you have another problem as the employee may be  endangering other employees. You also need to remember that unless the  person is determined to have a disability due to the alcohol, he/she can  be dismissed without further question especially if they show up for  work intoxicated.

DQ8 ch4 ken 9.20

class, I agree that the Drug Free Workplace is a misnomer but I don’t  thing that most folks look at like you are suggesting.  As to the  difference between a user and abuser, that might just be the individuals  themselves using the nomenclature. I suspect that it means the same  thing to them as if you are using at work, you have abused the system  whether it is a first time or not. If the company is an illegal drug  free place of work or a prescribed drug free employment, it isn’t much  different as if an employee shows up for work being inhibited by even a  prescription drug, it is a potential safety problem.