Showing Posts In "Alcohol and Drug Screening" Category

Zero Tolerance Drug Testing Policies in the Age of Medical Marijuana

With more states passing laws allowing for marijuana use for medical and recreational reasons, the law regarding an employer’s responsibilities continue to evolve. In Pennsylvania, for instance, the statute lists specific areas in which employers may prohibit employees from working while under the influence of marijuana, such as while operating or controlling government-controlled chemicals or […]

Washington Public Employer Hit with $1.8 Million Judgment for Failing to Accommodate Prescription Drug User

A customer service representative employed for 20 years in Washington was awarded more than $1.8 million in damages for the employer’s failure to accommodate her use of opioids that were prescribed to treat her migraines. A Washington federal district court confirmed that 1. The employee had a protected disability, 2. She was qualified to perform […]

First Arkansas Town Approves Medical Marijuana Regulations

Texarkana’s board of directors recently approved business license fees for dispensaries and medical cannabis growers in the state of Arkansas. Dispensaries, which will need to pay an initial $7,500 and then $11,000 for yearly license renewals, could be operational within city limits before the end of the year. The city of Texarkana has a population […]

Federal Law Does Not Preempt Connecticut Medical Marijuana Law Employment Discrimination Prohibition

Even if an employee tests positive on an employment-related drug test, the U.S. District Court for the District of Connecticut has ruled that federal law does not preempt the state’s medical marijuana statue’s prohibition on employers firing or refusing to hire qualified medical marijuana patients. The court also held that the state’s Palliative Use of […]

As Opioids Hit the Workforce, Employers are Forced to Improvise

The opioid epidemic that is destroying individuals and families across the country also is threatening to shut down manufacturing plants and whole industries. Particularly affecting men ages 25 to 54, opioid use has become a key factor regarding why “prime age” workers are unwilling or unable to find work. Some American employers have reported that […]

Are Zero Tolerance Drug Testing Policies About to Go Up in Smoke?

As part of a new decision in Massachusetts, a qualifying patient who has been terminated from employment for testing positive for marijuana as a result of her lawful medical marijuana use may state a claim of disability discrimination. A similar decision was made in Rhode Island. The holding has significant implications for employers that drug […]

Addiction in the Workplace is at an All-Time High

With American businesses losing $81 billion dollars per year due to drug use, many businesses are searching for ways to combat addiction within their company. Opioids like Vicodin, Percocet and OxyContin are responsible for an increasing number of workplace accidents each year. Random drug testing is the most effective way to keep a business place […]

A Potential New Hire Shaved His Head After Learning About Our Drug-Testing Policy

When a candidate learned about a company’s drug-testing policy, which includes hair testing for new hires and random screenings thereafter, he shaved his head and insisted he could not provide a hair sample for testing purposes. The company has several ways it could react, but should be cognizant of the Americans with Disabilities Act (ADA). […]

Connecticut Medical Marijuana Law Protects Employees and Is Not Preempted by Federal Drug Laws

A recent federal district court case has determined that Connecticut employees who have been certified by the Department of Consumer Protection to use medical marijuana outside of work hours and are not impaired while at work are protected by state law. The state’s statute makes it unlawful to refuse to hire or to discharge an […]

Maine Delays Implementation of Certain Provisions of Recreational Marijuana Law

In November, Maine became one of four states in which voters approved a new recreational marijuana law. The law took effect on Jan. 30, but emergency legislation passed on Jan. 27 delayed the implementation of certain provisions of the law. This included pushing the effective date to Feb. 1, 2018, so that the state licensing […]

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