Showing Posts In "Drug and Alcohol Screening" Category

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The Differences Between DOT vs Non-DOT Drug Testing Programs

Employers have a responsibility to keep the workplace positive and safe while remaining compliant with the Occupational Safety and Health Association (OSHA), but drug testing policies and processes are different when it comes to the Department of Transportation (DOT) organizations and other Non-DOT organizations. For starters, DOT alcohol and drug testing is done under the […]

COVID-19 Pandemic Leads to Surge in Drug Test Positivity Rates

According to Alex Azar, Human and Health Services Secretary, there could be an additional 65,000 deaths from drug overdose, alcohol abuse, and suicide over the 10 years following the pandemic recession due to emotional distress. DISA Global Solutions’ Clinical Reference Laboratories has reported that April’s positivity rates were up by more than 16 percent and […]

Request for Medical Examination Was Permissible Under ADA After Positive Drug Test Result

An employee’s claim that his employer did not have a right to request a medical examination after he tested positive for drugs and subsequently admitted that he was taking numerous prescription medications that could create a safety risk was dismissed in a federal Indiana court. Specifically, the employee claimed that forcing him to submit to […]

Court Upholds Jury Verdict that Directly-Observed Urine Collections Did Not Constitute Constructive Discharge

In Ritchey v. Sound Recovery Centers, LLC, a Washington appellate court upheld a jury’s verdict that an employer’s drug testing protocol requiring direct observation of urine collections did not invade an employee’s privacy and did not constitute a constructive discharge. The employee in the case refused to submit to her employer’s new drug testing protocol […]

What Legal Protections Exist for Employees Who Use Medical Marijuana?

Medical marijuana is now legal in 33 states, the District of Columbia and three United States territories, with more than 4 million Americans carrying medical cards for its use in treating conditions like chronic pain, arthritis, migraines, and cancer symptoms. But protections for employees who use cannabis under a doctor’s supervision differ widely by state. […]

Marijuana Legalization Update for 2020: A Primer on the Latest Medicinal and Recreational Use News

Although the COVID-19 pandemic has affected state legislative and citizen-driven initiative efforts to legalize marijuana for either medicinal or recreational purposes, or to expand current marijuana legalization, we can expect to see movement into 2021. In Arizona, Proposition 207 (the Smart and Safe Arizona Act) would legalize the possession and recreational use of marijuana by […]

Rhode Island Employee May Proceed With Lawsuit Alleging That Termination For Failed Breath Test Violated State Law

A former employee was allowed to proceed with lawsuit Stafford v. CSL Plasma, Inc., in which she alleged the employer violated state law when it terminated her employment after a positive breath alcohol test. A phlebotomist at CSL Plasma, Inc., Stafford’s breathalyzer alcohol test showed a blood alcohol content that was above the legal limit […]

Federal Court Finds Implied Private Right of Action Under Pennsylvania’s Medical Marijuana Act

Under Pennsylvania’s Medical Marijuana Act (MMA), “No employer may discharge, threaten, refuse to hire or otherwise discriminate or retaliate against an employee regarding an employee’s compensation, terms, conditions, location or privileges solely on the basis of such employee’s status as an individual who is certified to use medical marijuana.” The claims of the employee in […]

Suspension of Employee Based on Marijuana Odor and Positive Test Result Did Not Violate CBA

The employee in lawsuit ZF Active and Passive Safety and UAW, Local 1181, was rightfully put on a 10-day suspension after a strong odor of marijuana led to a positive reasonable suspicion test. The union argued that a combination of smelling marijuana and the positive test result were insufficient to justify the suspension because the […]

Employee’s Request to Revise Drug Policy to Address CBD Use Was Not a Reasonable Accommodation

The lawsuit, Hamric v. City of Murfreesboro, in which the plaintiff claimed her employer should have changed its drug policy to allow CBD use, has been dismissed. The position for which Hamric was hired – a cultural arts program specialist – subjected her to pre-employment drug testing, for cause testing, random testing and testing for […]


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