Client Portals
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,…
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…
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…
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…
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…
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 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…
All over the country, employers say they see a disturbing downside of tighter labor markets as they try to rebuild from the worst recession since the Depression: They are struggling to find workers who can pass a pre-employment drug test.That hurdle partly stems from…
A federal court in Pennsylvania has allowed an employee to proceed with a wrongful discharge/invasion of privacy claim related to her discharge after a positive drug test result.Plaintiff, a 58-year old school bus driver, was terminated after taking a random drug test…
A federal appeals court has held that the Minnesota drug testing statute applies to an applicant tested in Minnesota, even though the applicant was being hired for a job in another state. Push, Inc., a Wisconsin corporation, hired Olson, a Minnesota resident, for a…