Feb. 8—JEFFERSONVILLE — A Second Chance Workshop on Wednesday explained national and state programs that support businesses in building solutions to the epidemic of opioids and other drugs in the workplace and community.

As part of Clark County CARES' annual focus on drug facts, the audience heard from Shelley Jackson, a partner with Krieg Devault LLP.

Jackson's presentation was also to encourage employers to consult their attorneys about their situation and legal questions about establishing a drug-free and felony-friendly workplace.

One of the main points of the workshop was adopting a second-chance system in businesses. The system provides an opportunity for individuals to gain or retain the employment they need as a part of their recovery and become contributing members of the community.

Another point was how employers can work with people who are recovering addicts and what laws protect those in recovery and ex-felons.

"The best framework that I find for discussing the rights and obligations of someone who may have a substance use disorder who is an employee is the Americans with Disabilities Act (ADA)," Jackson said. "The reason for that is the vast majority of employers are going to be covered in some ways."

The ADA protects individuals regarded as disabled. Employers cannot discriminate or give adverse treatment to employees because of perceived disabilities.

For example, if an employee has slurred speech because of a lawfully prescribed medication and the employer is accusing the employee of taking illegal drugs, that employee will be protected by the ADA.

"People who have a history of substance use disorder deserve the right to be in the workplace and have something not go perfectly in that workplace..." Jackson said, "...without people reducing them to the lowest common denominator by saying 'They must be using or they must be drunk.' Maybe it's true, but a lot of times, it's not."

When an employee is suspected of being under the influence while working, an employer can have the employee in question take a drug or alcohol test. If they ask questions, they should only ask about performance.

An employer should ask something along the lines of "Is there something going on that we can help with?" or "Is there something you need from us to help you do your job?"

To be a felony-friendly workplace, employers should consider the type of offense, how serious it was, how long ago it was committed and the nature of the job.

"The arrest record alone is not a basis to exclude someone," Jackson said. "However, if you have knowledge that the person has actually engaged in whatever the behavior is that led to the arrest, that can be exclusionary."