Showing Posts In "Drug and Alcohol Screening" Category

Medical Marijuana in the Workplace

Employers across the state of Ohio have plenty of questions now that the use of medical marijuana has been legalized. But those with questions can rest easy since nothing has changed within the company unless the employer wants to make changes. Employees still can be terminated and applicants can be denied for use of marijuana, […]

EEOC Takes Aggressive Stance on Employee Drug Testing Amid Prescription Drug Abuse Epidemic

The Equal Employment Opportunity Commission (EEOC) has been aggressively challenging employer policies and handling of drug screens, particularly those dealing with an employees lawful use of prescription drugs. As a result, lawsuits filed by the EEOC against employers has been on the rise. In EEOC v. Steel Painters, LLC, the organization sought a permanent injunction […]

Senate Passes Bill Requiring HHS to Explain Delays in Hair-Testing Guidelines

Recent legislation passed by the Senate would require the Department of Health and Human Services (HHS) to provide an explanation for a 21-month delay in issuing mandatory federal hair testing guidelines for safety-sensitive transportation employees. Introduced in May, the bill also would require HHS to report progress on hair testing within 30 days of passage […]

What Does the NJ Medicinal Marijuana Executive Order Mean to Employers?

In March, New Jersey Governor Phil Murphy issued an Executive Order to expand the states Medical Marijuana program. Employers with anti-drug use policies that prohibit the use of medicinal marijuana will need to consider to be free from discrimination based on a medical condition. The states law does not require employers to accommodate medicinal marijuana, […]

Five Recent Drug Testing Cases That Didnt Need to Happen (And Cost Employers Money)

Several recent cases have highlighted the need for employers to take the proper steps to avoid financial liability by simply becoming familiar with rules. In Lingo v. Early County Gin, Inc., the business was found to not have met the statutory requirements entitling it to the rebuttable presumption of intoxication defense after an employee tested […]

Connecticut Court Holds That Refusing to Hire Medical Marijuana User Constitutes Employment Discrimination

Plaintiff Katelin Noffsinger was granted summary judgment in a federal court in Connecticut after she was denied employment following a job offer when she tested positive for marijuana. She filed a complaint in state court against the company, Bride Brook, alleging a violation of the Connecticut Palliative Use of Marijuana Act (PUMA)s anti-discrimination provision. Noffsinger […]

Cannabis Testing and Employee Dismissal: Is Your Policy Ready for October 2018?

October will take Canadian employers into unchartered territories when cannabis use becomes legalized. The big question for employers is the possible impairment of employees while performing the duties of his or her job. Because urinalysis testing cant prove current impairment of an employee due to cannabis, supervisors and HR and occupational and safety committee members […]

Marijuana Legalization and Its Impact on Employers

Employers in Canada are asking themselves how the October legalization of the recreational use of marijuana will affect the workplace in terms of safety and their duty to accommodate an employees use of the drug. Companies are advised to draft an employment policy that address the issue. But first, it is important to understand the […]

Refusing to Hire Medical Marijuana User Violates State Law, Connecticut Court Holds

A federal court in Connecticut has granted summary judgment to a job applicant, holding that refusing to hire a medical marijuana user because she tested positive on a pre-employment drug test violates Connecticuts medical marijuana law. Business Bride Brook offered employment to Katelin Noffsinger, but when she disclosed that she was a registered qualifying patient […]

New Jersey Mandates Drug Testing of Direct Support Staff

Effective in May, applicants and employees working in any New Jersey Department of Human Services (DHS) funded, licensed or regulated program serving adults with developmental disabilities are subject to mandatory drug testing. The Stephen Komninos Law, New Jersey Public Law 2017, Chapter 238, which applies to direct care staff members also includes volunteers. Drug tests […]

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