A former employee of Advantage Sales and Marketing LLC, Massachusetts, lost a law suit that she filed against the company for her termination after testing positive for marijuana. Even though the employee had a medical prescription for the drug, it was determined that…
Posts by Category: Pre-employment Drug Testing
Drug Positivity in U.S. Workforce Rises to Highest Level in a Decade
Positive drug tests in the workforce have been on the rise over the past three years after years of declines. This 10-year high analyzed patterns of drug use among American workforce and has been published annually for more than 25 years. Read more
Ten Million More Americans Smoke Marijuana Now than 12 Years Ago
While at least five states are preparing to vote on the legalization of marijuana for recreational purposes, British medical journal Lancet Psychiatry recently released findings that about 10 million more Americans smoke marijuana than 12 years ago. Surveying adults…
Marijuana Not Conducive to Workplace Safety, DATIA Says
The USDEA recently confirmed that the impairment caused by marijuana use has been evaluated as unsafe in the workplace. In addition, those who use marijuana have 75% more absenteeism, 55% more industrial accidents and 85% more workplace injuries than other employees,…
Eight States Will Vote on New Marijuana Laws on Election Day 2016
With a focus on the implications for employers, eight states will consider adopting medical and recreation marijuana use, joining 25 states and the District of Columbia. Arkansas, Florida and North Dakota will make decisions that would allow medical use, while…
Employers Advised to Review Drug Free Workplace Policy if They Intend to Prohibit Medical Marijuana Use
Ohio’s new medical marijuana law takes effect next month. Employers should be reminded that business groups lobbied for an exception allowing employers with drug-free workplace policies to take adverse action against applicants and employees for medical marijuana…
Federal Railroad Administration Expands Drug and Alcohol Testing For Maintenance-of-Way Workers
The U.S. Department of Transportation’s Federal Railroad Administration (FRA) recently announced a final rule expanding drug and alcohol testing applicable to maintenance-of-way (MOW) employees, effective one year from the date of the rule’s publication (which has yet…
Most States Do Not Require Employers to Accommodate Use of Medicinal Marijuana
As of May 2016, 25 states plus the District of Columbia allow the medicinal use of marijuana by patients suffering from certain debilitating medical conditions. With perhaps 70-80% of marijuana patients between the ages of 18 and 60, there may be upwards of one…
What OSHA’s Electronic Recordkeeping Rule Means for Workplace Post–Accident Drug and Alcohol Testing
OSHA’s final electronic recordkeeping rule, “Improve Tracking of Workplace Injuries and Illnesses,” was published in the Federal Register. The OSHA rule has no impact on post-accident testing mandated by federal regulations or permitted by state workers’ compensation…
Pennsylvania’s New Medical Marijuana Act Implicates Employer Drug Policies
Pennsylvania’s Medical Marijuana Act (Act), effective May 17, 2016, makes the use, possession and distribution of marijuana lawful in the Commonwealth of Pennsylvania, provided the individual using, possessing and/or distributing the marijuana is authorized by the Act…