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July-August 2021

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22 PalletCentral • July-August 2021 palletcentral.com Adele L. Abrams is an attorney and safety professional who represents companies in litigation with OSHA and also provides safety training and consultation. The Law Office of Adele L. Abrams PC has three offices: Beltsville, MD; Denver, CO; and Charleston, WV. She may be reached at www.safety-law.com or 301-595-3520. injuries with medical cannabis, which may offer the best outcomes for injured workers. For example, Liberty Mutual uses analytics to identify injured workers who may be at increased risk for opioid dependency, as well as tracking physicians who may be prescribing opioids too early or too often. Employers can use their workers' compensation insurance carrier as an ally in prevention of opioid addiction, drug abuse in the workplace, and careful management of cannabis use, in the states where that is an option for treatment. Employers will also need to confer with insurance and counsel before returning medical cannabis patients to the workplace after an absence due to a workers' compensation injury, as heavy use can result in a positive urine test for up to 77 days after last use. A staggered return program, perhaps initially into a non-safety-sensitive role until the cannabis clears the worker's system may be one option to consider, as well as remote work for a period of time where that is an alternative. For employees covered by DOT rules for commercial drivers, zero tolerance Employers will need to confer with insurance and counsel before returning medical cannabis patients to the workplace after an absence due to a workers' compensation injury, as heavy use can result in a positive urine test for up to 77 days after last use. for cannabis remains the law until further notice, and workers cannot be returned to DOT safety-sensitive roles until they have cleared a drug screen. Ultimately, the best practice is to view workers who use medical cannabis as part of their recovery from workers' compensation injuries as workers with a medical condition, rather than workers who are "drug abusers."

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