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Drug overdoses—predominantly from opioid painkillers such as OxyContinand Percocet—now exceed car crashes as the leading cause of unintentional deathin the United States. Perhaps that’s not surprising, considering sales ofprescription opioid painkillers in the U.S….
More and more cities and states are legalizing the use of marijuana for medical and recreational use. The good news is that means in those jurisdictions the local and state police will not arrest you if your use conforms to the local/state law-medical use states…
The Compassionate Care Act, which was signed into law in July 2014, legalizes and regulates the manufacture, sale and use of medical marijuana in New York. The Act sets forth specific conditions under which a patient may obtain medical marijuana. The Act provides that…
According to a report issued by the Substance Abuse and Mental Health Services Administration (SAMHSA), substance and alcohol abuse has been negatively affecting key U.S. industries by way of lost productivity, workplace accidents and injuries, absenteeism, low morale…
With the beginning of a new year, it is time to make resolutions and review old, outdated workplace policies. Employers who conduct drug and alcohol testing should consider updating their drug and alcohol policies in 2016, particularly if they have not done so in…
Grilling a medical marijuana user about her disability, just before firing the employee, could give rise to a viable disability-discrimination claim. TheADA does not protect illegal drug use by employees. If the illegal drug use, and not the disability, motivates a…
The Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has reduced the minimum annual percentage rate for random controlled substances testing for drivers of Commercial Motor Vehicles (CMVs) requiring a Commercial Driver’s License…
It appears that Ohio’s proposed off-duty conduct law is a whole lot worse for employers than Colorado’s similar (but very different) statute. Ohio’s proposed off-duty conduct law would prohibit an Ohio employer from terminating an employee for…
Another Washington court has held that an employer lawfully may terminate an employee for using marijuana, even when the employee had a prescription and used it off-duty. After a workplace injury, Safeway tested its employee, Swaw, for drugs. Swaw tested positive for…
A federal court in Utah upheld the termination of an employee who did not disclose his use of prescription medication in accordance with his employer’s policy. This case highlights the importance of having a written policy requiring “safety-sensitive” employees to…