With the enactment of the Arizona Medical Marijuana Act (AMMA) in 2010, the number of medical marijuana card holders in Arizona is over 65,000 and growing. Chances are your business does or will employ one of them. This article will answer the five most pressing…
Posts by Category: Pre-employment Drug Testing
Employees Under the Influence: Disabled But Not Unfireable
The University of Southern California recently terminated Steve Sarkisian, their head football coach. The firing came after a cavalcade of headlines that Sarkisian was increasingly showing up at practices, team functions, and even games allegedly under the influence…
Marijuana in the Workplace: A Hazy Issue for Employers
With all the changes to state laws now permitting recreational and medical marijuana use, HR professionals are understandably feeling dazed and confused. Employers with employees who use medical marijuana will have to do some studying into the employee’s job…
Reasonable Suspicion Alcohol Test of Employee Was Justified After Bar Fight and Diagnosis of Alcoholic Pancreatitis
Reasonable suspicion alcohol testing of a safety-sensitive employee who was injured in a bar fight and who took medical leave for “acute alcoholic pancreatitis” was upheld by a federal court in Indiana, even though the testing did not take place until the…
‘Reasonable Suspicion’ a Preferred Option to Random Drug Testing
Supervisors should undergo reasonable suspicion training to enforce drug-free workplace policies and ensure worker safety, speakers said during the 2015 California Workers’ Compensation & Risk Conference in Dana Point, California. Employers’ written…
Drug Test Entitles Workers to Union Rep
The NLRB says sending a worker for a drug test is the same as disciplinary action and the worker gets to be accompanied by a Union representative. In a recent case, a delivery worker had an workplace accident and, the next day, came to work with glassy, bloodshot eye…
More Americans Using Marijuana: Government Report
More Americans are using marijuana, according to a new government report. About 8.4% of Americans ages 12 and older were current users of marijuana last year, up from 7.5% in 2013. The percentage of teens ages 12 to 17 who smoke, drink or use prescription narcotics…
Pre-Offer Drug Tests Were Not Impermissible Medical Examinations Under the ADA, Court Holds
Pre-offer drug tests to determine the use of illegal drugs did not violate the Americans with Disabilities Act’s prohibition on pre-offer medical inquiries, a federal court in Pennsylvania held on September 15, 2015. The Court previously held that the pre-offer…
Minnesota Court of Appeals Provides Helpful Roadmap for Employers Who Conduct Drug Testing
The Minnesota Court of Appeals handed employers a rare win under the Minnesota Drug and Alcohol Testing in the Workplace Act, upholding dismissal of a wrongful discharge case after an employee who tested positive for drugs did not comply with the recommended treatment…
Employee’s Positive Return-to-Duty Drug Test Result Warranted Termination Despite Employer’s Use of Low Cutoff Concentrations
A Texas oil refinery whose substance abuse policy said an employee “whose drug test is positive, regardless of the reasons for the test,” would be considered in violation of company policy and “will be terminated from employment” meant what it said, a labor arbitrator…