Showing Posts In "Alcohol and Drug Screening" Category

Vermont Senate Passes Bill to Legalize Marijuana Use

Vermonts Senate passed a bill in early January to legalize recreational marijuana use, making this the first state to do so through the legislative process rather than a ballot imitative. Governor Phil Scott is expected to sign the bill, which passed the Democratic-controlled Senate by a voice vote. The bill will allow those 21 and […]

Employees Refusal to Take Drug Test Could Not Support Age and Gender Discrimination

A federal court in Massachusetts dismissed the age and gender discrimination claims of a long-term employee who was fired after he refused to take a reasonable suspicion drug test. The employee, who worked for FedEx for 22 years as a Business Development Sales Executive, was caught by his supervisor smoking marijuana in his car and […]

Employee Use of Marijuana: The Law is Hazy for Employers

The City of Atlanta passed an ordinance in the fall that decriminalized the possession of less than one ounce of marijuana. Individuals found with such small amounts will not be fined and face no jail time. Georgia enacted a law in 2017 that expanded the qualifying medical conditions for which cannabis oil may be used […]

Can You Still Fire a Pot-Smoking Employee in California?

It is important for both employers and employees to understand that the new laws permitting recreational marijuana use in California does not impact employers rights to maintain and enforce drug-free workplace policies and drug testing policies. Under federal law, marijuana remains a Schedule 1 drug that is prohibited under the Controlled Substances Act, and the […]

As Marijuana Shops Thrive, California Employers Revisit Drug Policies

With recreational marijuana shops booming at the start of the new year in California, many business owners are left wondering what they can do about suspected drug use. The states Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) legalizes recreational marijuana for individuals over the age of 21, allowing adults to possess, transport […]

New Hampshire Opioid Crisis Continues to Challenge Employers

Employers in the state of New Hampshire continue to struggle to hire adequate numbers of skilled employees to meet business needs and the opioid crisis adds a significant hurdle to overcome. It is important for employers to know how to assist addicted employees, minimize the impact of the crisis on business and avoid legal risk. […]

Opioid Testing by Employers is Becoming More Common

The opioid epidemic has resulted in more employers testing for these painkillers in the workplace. Effective Jan. 1, the U.S. Department of Transportation (DOT) requires employers regulated by the department to conduct opioid testing, which applies to commercial motor vehicle drivers, flight crew and other aviation-related workers, railroad employees, transit workers, certain pipeline employees and […]

DOT Notice Provides Guidance on How the Use of Medical Marijuana Will Affect Drug Testing Results

In an updated Medical Marijuana Notice, the Department of Transportation (DOT) stated that the use of medical marijuana, pursuant to state law, does not constitute a legitimate medical reason for a positive drug test. The Notice makes it clear that marijuana remains illegal under federal law and DOT expects that Medical Review Officers (MROs) will […]

PHMSA Raises Random Drug Testing Rate to 50% for 2018

The U.S. Department of Transportations Pipeline and Hazardous Materials Safety Administration (PHMSA) will increase its minimum random drug testing rate by 50% for the upcoming calendar year. Those who operate gas, hazardous liquid, and carbon dioxide pipelines and operators of liquefied natural gas facilities will be required to randomly select and test a percentage of […]

The Impact of the HHS and DOT Regulatory Updates on State Drug Testing

The Federal Department of Transportation (DOT) recently issued a final ruling to its alcohol and drug testing regulations, which will go into effect on Jan. 1, 2018. The revisions harmonize DOT testing regulations with the Department of Health and Human Services (HHS), which published new regulations that modify mandated federal drug testing programs in October. […]

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