DRUG AND ALCOHOL SCREENING ARTICLE INDEX FOR 2023 FROM THE BACKGROUND BUZZ |
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A Quandary as More Workers Test Positive for Drug Use
January | National: According to the Quest Diagnosis Drug Testing Index survey, positive drug tests increased by 4.5 percent from 2020 to 2021.
California Will Soon Protect Employees’ Off-Duty Cannabis Use
January | California: California employees are prohibited from discriminating against employees for off-duty cannabis use.
Employer Testing for Marijuana in New Jersey – A Complex Issue
January | New Jersey: Per the CREAMMA, employers should not take adverse action or refuse to hire based solely on a positive marijuana test.
Federal Officials Plan to Add Fentanyl to Drug Test
January | National: Fentanyl could soon be added to a drug testing panel that would detect its use among safety-sensitive federal employees.
Nevada Supreme Court Finds a Private Right of Action Under Nevada’s Medical Cannabis Law
January | Nevada: Employers in Nevada are required to attempt to make reasonable accommodations for its employees’ use of medical cannabis outside of the workplace.
Truckers Drug Conviction Raises Questions About CDL Holders and Marijuana Use
January | Iowa: A truck driver’s conviction was upheld for marijuana possession, even though he had a medical card in his home state of Missouri.
New Eyeball-Tracking Handsets Identifies If Workers are High on the Job
January | National: Gaize has introduced a portable headset that tracks an employee’s eye movements and assesses whether they are actively high.
SAMHSA Announces 2021 National Survey on Drug Use and Health Results
January | National: The Substance Abuse and Mental Health Services Administration has released the results of its annual National Survey on Drug Use and Health (NSDUH).
Employers: Clock is Ticking to Update Marijuana Policies
February | National: Marijuana policies require employers to stay up to date in order to comply with requires of the Americans with Disabilities Act (ADA) and other laws.
Opioid Use and the Workplace: How Employers Can Get in Trouble
February | Tennessee: An employer was found to have illegally discriminated against an employee when it failed to make reasonable accommodations for his prescription medication.
Positive Marijuana Tests Among Drivers Grow at Alarming Rate
February | National: The trucking industry saw a 32 percent increase in positive marijuana tests in 2022.
The Week in Weed: January 27, 2023
February | National: Legalization of marijuana continues across the country, while other states find unique ways to support marijuana products.
What Employers Need to Know About Evolving Medical Marijuana Laws in the U.S.
February | National: There are several myths surrounding medical marijuana, so it is critical for employers to understand the underlying requirements of marijuana laws.
Public Safety Alert: DEA Reports Widespread Threat of Fentanyl Mixed with Xylazine
March | National: The USDEA has issued a warning concerning an increase in the trafficking of fentanyl mixed with xylazine.
Washington Senate Passes Bill Banning Hiring Discrimination for Pot Use
March | Washington: Senate Bill 5123 would bar employers from refusing to hire a job candidate based solely on the results of pre-employment screening for cannabis use.
Pre-Employment Cannabis Tests Could Be Banned in WA
April | Washington: Senate Bill 5123 aims to eliminate discrimination against anyone using cannabis in legal and medically necessary manners.
The Psychedelic Dilemma: Balancing Therapeutic Benefits with Workplace Safety
April | National: Psychedelics may offer therapeutic benefits, but their use could lead to significant risks to employers and employees.
Weeding Out Employees: The Ups and Downs of Drug-Testing Manufacturing Workforce
April | National: It is important for employers and their employees to understand the details of their substance abuse prevention policies.
Delaware Legalizes Recreational Marijuana
April | Delaware: Individuals 21 and older in Delaware may now legally possess and use up to one ounce of marijuana.
What New York Employers Need to Know About Marijuana Two Years After Legalization
April | New York: Many New York employers are still confused about the requirements of the Marijuana Regulation and Taxation Act, passed two years ago.
Stay Current: Three Major Reports Reveal Disturbing Trend in Workplace Drug Abuse
April | New York: Current Consulting Group, First Advantage and the Quest Drug Testing Index collectively show that drug abuse is active in the workplace and a decrease in pre- and post-employment testing isn’t catching it.
May | National: Positive marijuana tests following on-the-job accidents are on the rise.
5 Things Kentucky Employers Need to Know About the State’s New Medical Cannabis Law
May | Kentucky: Medical cannabis use has been legalized, but employers are not required to permit or accommodate its use.
Delaware Legalizes Recreational Marijuana
May | Delaware: Marijuana has been legalized for recreational purposes for those 21 years of age and older.
May | Kentucky: Two companies were ordered to pay $1.7 million for improperly billing urine drug tests to Medicare and Kentucky Medicaid.
FRA Drug Testing Requirements for Contractors
May | National: The Federal Railroad Administration has updated its regulations pertaining to drug and alcohol testing regulations and now includes contractors, suppliers, and vendors.
How to Handle Drug or Alcohol Impairment in the Workplace
May | National: Employers should ensure a clear policy pertaining to drug and alcohol impairment is posted at the workplace and provided to all employees.
May | California & Washington: Laws have been updated in California and Washington pertaining to drug testing methodologies and discrimination based on marijuana use.
Washington State to Bar Employers from Relying on Off-Duty Use of Marijuana in Hiring Decisions
May | Washington: Senate Bill 5123 prohibits employers from making hiring decisions based on off-duty use of cannabis or positive pre-employment drug test results.
Kentucky’s New Medical Marijuana Law: What Employers Need to Know (And Do)
May | Kentucky: Senate Bill 47 legalizes marijuana in the state for the treatment of certain medical conditions.
Michigan Weighs Removing Pre-Employment Drug Test for Marijuana
May | Michigan: Marijuana could be removed from drug testing when it comes to employment.
Minnesota Legislature Passes New Recreational Marijuana Bill
May | Minnesota: A recreational marijuana bill was sent to the governor for signature that allows individuals to 21 and older to possess, transport, grow and consume marijuana.
California Protects Employees Who Use Recreational Cannabis and Limits Drug Tests
June | California: At the start of the new year, employers will no longer be permitted to use traditional drug tests to test for cannabis use.
Maryland Releases Draft Cannabis Regulations in Preparation for Legalization on July 1, 2023
June | Maryland: The Maryland Cannabis Administration (MSA) has released draft emergency regulations for the state’s adult-use marijuana market.
June | New Jersey: It has been determined by a New Jersey federal court that the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act does not create a private right of action for individuals claim the Act has been violated.
The Opioid Epidemic and the Workplace
June | National: According to the Centers for Disease Control and Prevention (CDC), of the approximately 109,179 drug overdoses, 82,000 could be attributed to opioids.
Medical Marijuana, Employees Who Drive and the Risk of a DUI?
June | Pennsylvania: With the enactment of the Pennsylvania Medical Marijuana Act (MMA), employees in Pennsylvania must determine the appropriate protocol for those who work in safety-sensitive positions.
Minnesota Legislature Passes New Recreational Marijuana Bill
June | Minnesota: A new bill – House File 100 – is expected to be signed by the governor that would legalize marijuana for recreational use.
Pa. House Members Introduce Bill to Shield Medical Marijuana Patients from DUI Charges
June | Pennsylvania: New legislation in PA would offer protection for medical marijuana patients from being charged with DUI due to the presence of THC in their systems.
Washington Legislature to Employers: Don’t Fear the Reefer
June | Washington: Washington employers soon will be restricted from rejecting most job applicants based on their off-duty cannabis use.
California Protects Employees Who Use Recreational Cannabis and Limits Drug Tests
July | California: A new law in California will restrict employers from using traditional drug tests to test for cannabis.
District of Columbia Cannabis Employment Protections Amendment Act Goes Live July 13
July | Washington, D.C.: 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.
Failure to Hire Claims Go Up in Smoke for Pot-Using New Jersey Job Applicant
July | New Jersey: A putative class action has been dismissed, in which the plaintiff claimed Wal-Mart Stores E, Inc., violated the CREAMMA and exhibited common law failure to hire in violation of the NJ public policy.
FMCSA to Implement Operating Authority Exemption for Providers of Recreational Activities
July | National: The FMCSA plans to publish new rules to implement a statutory exemption from the interstate for-hire operating authority requirement for certain providers of “recreational activities.”
If You Hire Someone Who Says They Are in a Drug Treatment Program, Don’t Do This …
July | National: Employers beware: know the ins and outs of the Americans with Disabilities Act during the hiring process.
Minnesota’s New Recreational Cannabis Law Results in First-Of-Its Kind Drug Testing Scheme
July | Minnesota: Adults 21 and older are now permitted to use recreational marijuana and are protected for its use.
Workplace Impact of Opioid Epidemic
July | National: Employers should pay attention to the opioid epidemic by reviewing drug-testing policies and protocols and training employees on expectations and policies.
Impairment Testing vs Drug Testing
July | National: Impairment testing is used to assess an individual’s physical or mental capabilities to determine if they are unfit for a specific task or activity, while drug testing is used to detect the presence of drugs or metabolites in a person’s system.
Michigan No Longer Requires Drug Testing for State Jobs
July | Michigan: Marijuana drug testing is no longer a requirement of getting hired in Michigan.
Urban Legends: Misconceptions About DOT’s Oral Fluid Final Rule
July | National: There are several misconceptions surrounding DOT’s drug and alcohol testing, including the Oral Fluid Final Rule.
Researchers Say Urine Testing Misses About 90% of Actual Drug Use
July | National: The University of Central Arkansas analyzed more than 936,000 of the pre-employment urine samples of licensed commercial truck drivers and determined that they’re missing about 90 percent of actual drug use.
Study: Cannabis Use During Off-Hours Not Associated with Elevated Risk of Workplace Accidents
August | National: The Canadian Journal of Public Health has published data showing that employees who consume cannabis during their off-hours are not any greater risk of injury than those who abstain altogether.
Minnesota Law Legalizing Drug Paraphernalia, Residue, Testing and Syringe Officially Takes Effect
August | Minnesota: A new law legalizes drug paraphernalia possession, syringe services, controlled substances residue and testing.
New Jersey Officer Reinstated After Being Fired for Positive Cannabis Drug Test
August | New Jersey: A judge reinstated the position of a police officer who tested positive for cannabis stating that state law does not permit employers from terminating an employee because of cannabis use.
Proposal Would Allow Cannabis Users to Attain Federal Jobs, Security Clearance
August | National: The proposed Cannabis Users Restoration of Eligibility (CURE) Act would prevent prior or current marijuana use from becoming grounds for not being offered federal employment or not receiving a security clearance.
FAA Proposes $90K Against Woods Aviation LLC, for Alleged Drug and Alcohol Testing Violations
August | National: The FAA has proposed a $90,000 civil penalty against Woods Aviation for alleged drug and alcohol testing violations.
A Continuing Discussion on the Opioid Epidemic and the Workplace – Part 1
September | National: Employers should be able to identify and address addiction issues without facing a lawsuit to help in the fight against drug overdose deaths.
Ask the Lawyer: With Marijuana Legal, Employers Question Drug Testing Workers
September | National: Marijuana is legal for recreational and medicinal purposes in many states across the country, so it is important for employers to consider the repercussions of including cannabis in pre-employment drug screening.
DOT Approvals Oral Fluid Testing for Federally Regulated Drug Screening Programs
September | National: The DOT has issued a final rule amending federal drug testing regulations to include oral fluid testing.
Drug Screening Company Obtains Hairy Win in Disparate Impact Race Bias Class Action
September | California: The plaintiffs in Wilson v. Timec failed plausibly to allege in their complaint that the defendant’s hair drug testing employment practice had a disparate impact or disparate treatment of individuals with melanin-rich hair.
How to Use Quest Diagnostics Drug Testing Index to Make Important Drug-Free Workplace Decisions
September | National: The 2023 Quest Diagnostics Drug Testing Index (DTI) has revealed three data points when it comes to both safety-sensitive and non-safety sensitive workplaces.
Recreational Marijuana Legalization, Drug Testing Trends, and Considerations for Employers
September | National: Millions of Americans are living in a jurisdiction that allows adult recreational use of marijuana, so it’s important for employers to consider updates to their drug screening policies.
Can Maryland Employers Test and Discipline for Recreational Marijuana Use?
October | Maryland: Maryland’s recreational marijuana law does not include any workplace provisions and employers in the state are left to wonder what their rights are.
October | National: The legalization of marijuana across the country has led to confusion pertaining to legal, business and ethical considerations for employers.
Key House Committee Again Blocks Amendments to End Marijuana Testing for Federal Job Applicants
October | National: The House Rules Committee has blocked attempts to end the practice of drug testing federal job applicants for marijuana.
Michigan Dropping Marijuana Drug Testing for Some New Hires on Oct. 1
October | Michigan: The Michigan Civil Service Commission has agreed to remove marijuana from the pre-employment drug testing protocols and a new state policy is in place.
4 States with New Workplace Drug & Alcohol Screening Laws
October | National: The language in marijuana legislation can differ from state to state or even municipality, so it can be difficult for employers to understand the rules of cannabis screening.
You Win Some, You Lose Some – Calif. Governor Acts on Cannabis Bills
October | California: Several laws pertaining to cannabis have been signed into law, including the Compassionate Access to Medical Cannabis Act.
Marijuana Laws Should Cue Employers to Update Workplace Policies
October | National: All but three states have legalized or decriminalized some form of marijuana, so it is important for employers to ensure compliance with federal and state laws.
Puff, Puff, Passed: A 6-Step Plan for Ohio Employers as Recreational Marijuana Legalized
November | Ohio: Ohioans are now permitted to purchase and/or possess up to 2.5 ounces of cannabis and to grow marijuana plants at home, so employers should take the steps to review and update drug testing protocol.
November | California: AB 2188 has been signed, prohibiting most employers from discriminating against a person in hiring, termination, or setting conditions of employment.
Dealing with False Positives: Common Pitfalls in Drug Testing
November | National: Several factors, including cross-reactivity, medications and dietary supplements, all could lead to a false positive drug test result.
Psychemedics Announces the Launch of a New Drug Screening Panel – Advanced 5-Panel Drug Screen
November | National: An Advanced 4-Panel Drug Screening, which removes cannabis and prioritizes fentanyl, is 24 times more effective at detecting opioids.
Breath Testing Marijuana Breathalyzer is Not Yet a Reliable Indicator of Recent Use
November | National: New research from the National Institute of Standards and Technology (NIST) and the University of Colorado Boulder demonstrate the difficulty of developing a breathalyzer for the detection of cannabis.
November | National: The FAA has determined the minimum random drug and alcohol testing percentages rates throughout 2024.
November | National: The medical benefits of psilocybin are gaining attention and employers are now wondering how they proceed with laws decriminalizing and legalizing its use.
Top Ten Questions About California A.B. 2188
November | California: A.B. 2188 is the first law of its kind of provide workplace protections for recreational medical marijuana users.
RECOVER-READY WORKPLACE TOOLKIT
Guidance and Resources for Private and Public Sector Employers
November | National: A new toolkit by Recover-Ready provides information, tools, and resources to help employers effectively prevent and respond to substance misuse in the workforce.
1 in 8 Older Adults Use Cannabis Products, Suggesting Need to Screen for Risks
December | National: A new study shows an increase in THC-containing substances in those 50-80 years old.
Discover the Latest Insights from the Drug Testing Index
December | National: Quest Diagnostics DTI has revealed insights into the patterns of drug use among Americans and suggests workplace behavior could be related.
Employee Discloses Alcohol Disorder: What Should You Do?
December | Minnesota: An employer was accused of violating the ADA by requiring a city worker to bear the cost of alcohol-related testing and evaluation.
First Cannabis, Are Magic Mushrooms Next?
December | National: Microdosing small amounts of psychoactive drugs is being used to treat anxiety, depression and attention disorders, while increasing productivity.
Back to Basic: Handling Impaired Employees in the Workplace
December | National: With 61 percent of adults in the workforce working with a substance abuse disorder, employers need to readdress how to face workplace substance use and overdoses.
New National Data on Americans’ Substance Use, Abuse
December | National: NSDUH data shows an increase in cannabis use in every age group, but alcohol remains the most used substance.
December | National: New data from Quest Diagnostics shows that positive marijuana tests following an on-the-job accident has reached its highest level in 25 years.
Prepare Workplace Policies for Legalized Cannabis
December | National: The legalization of cannabis continues across the country, with 24 states allowing its use without a medical card.
Third-Party Drug-Testers – Not Just Employers – Owe No Duty to Employees
December | Texas: A court has ruled that “third party testing entities hired by an employer do not owe a common-law negligence duty to their clients’ employees.”
How Will Ohio’s Adult Use Marijuana Legalization Impact Your Business?
December | Ohio: Business owners should familiarize themselves with the new Ohio Adult Use Cannabis law, which legalizes its sale and use for those 21 and older.
Nitazenes; Warning Over Super-Strength Street Drugs Linked to Deaths
December | International: The use of Nitazenes, often found in the form of counterfeit oxycodone tablets, has been linked to nine deaths over a six-month timeframe.