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Drug screening in the workplace is a critical component of maintaining a safe working environment. There are significant differences between impairment testing and drug testing. Commonly used in occupational settings to ensure the safety of employees, especially in high-risk industries, impairment testing is used to assess an individual’s physical or mental capabilities and determine whether […]
The opioid epidemic is not going anywhere, so it is important employers consider the issues surrounding addiction and the workplace. A few topics to think about include when drug testing takes place; whether drug-testing policies are up to date and legally compliant; whether drug-testing protocols are the most effective; employee training on expectations and policies; […]
A new law was signed in Minnesota that allows adults 21 and older to use recreational cannabis. Individuals will be protected for its use under the new law, which amends the state’s Consumable Products Act to off-duty use and excludes cannabis from the definition of “drug” in the Drug and Alcohol Testing in the Workplace […]
A federal court recently reinforced the importance of complying with the Americans with Disabilities Act during the hiring process. An employer cannot lawfully refuse to hire a job applicant because they are receiving addiction treatment. The ADA doesn’t prevent employers from testing applicants or employees for current illegal drug use or from making employment decisions […]
The Federal Motor Carrier Safety Administration (FMCSA) has shared that it plans to publish new rules to implement a statutory exemption from the interstate for-hire operating authority requirement for certain providers of “recreational activities.” The agency aims to clarify what types of passenger operations implicate other aspects of its regulations.
An employer’s motion has been granted to dismiss a putative class action in Zanetich v. Wal-Mart Stores E, Inc. The plaintiff claimed the company violated the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (the CREAMMA) and exhibited common law failure to hire in violation of New Jersey public policy. The employer argued […]
The D.C. Cannabis Employment Protections Amendment Act of 2022 (CEPAA), prohibits employers from taking personnel actions against an individual for cannabis or marijuana use off-premises during non-work hours. They can take action if the employee is designated as safety-sensitive, a federal contract or statute prohibits marijuana use, or the employee used or possessed marijuana at […]
California law will begin restricting employers from using traditional drug tests to test for cannabis use in January. The law, which was signed by Gov. Gavin Newsom, prohibits employers from discriminating against applicants and employees based on the person’s use of cannabis off-duty and off-site and an employer-required drug test that reveals nonpsychoactive cannabis metabolites. […]
The Department of Transportation (DOT) has strict regulations when a non-negative drug test result comes from an employee. A negative drug test result must remain in the driver qualification file for every employee in order to operate compliantly and meet DOT recordkeeping requirements. The DOT has measures in place to counter an employee who claims […]
Although the landscape continues to change when it comes to marijuana legalization, cutting back on testing in the workplace or even continuing to use old methods can present risks for employers. Traditional testing can detect use that occurred some time ago and with marijuana being legal in states across the country, it can be difficult […]
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