The passage of public ballot and legislative initiatives has resulted in medical marijuana laws in 23 states and the District of Columbia and approval of legal recreational use of marijuana by adults in Colorado and Washington in 2012, and in Alaska, Oregon, and the…
Posts by Category: Pre-employment Drug Testing
Federal Government Study Shows Persistent Substance Abuse In U.S. Workforce
Data from the SAMHSA study for the 2008-2012 periods indicated that an annual average of 8.7% of full-time workers in the 18-64 age range used alcohol heavily in the past month, 8.6% used illicit drugs in the past month, and 9.5% were dependent on or abused alcohol or…
Marijuana in the Workplace
Colorado and Washington, as well as the District of Columbia, have enacted laws legalizing the recreational use of marijuana. Those jurisdictions and twenty-one other states have also legalized the use of medical marijuana. Meanwhile, U.S. Code still outlaws the use…
What Will Legal Marijuana Cost Employers?
Some 23 states have legalized medical marijuana, four plus the District of Columbia have legalized the drug for recreational use. This growth in the marijuana industry creates two sets of problems for employers: increased marijuana use – and all the costs this…
Nevada’s Medical Marijuana Law Takes Effect April 1, 2014
Nevada’s medical marijuana law, Nevada SB 374, explicitly states that it does not “require any employer to allow the medical use of marijuana in the workplace.” However, the law further states that it does not “require an employer to modify the…
Drug Testing Index™ Reports Drug Use Among American Workers Declined 74% Over the Past 25 Years, Finds Unprecedented Analysis of More Than 125 Million Workplace Urine Tests
Drug use among American workers declined dramatically over the past 25 years, although the rate of positive test results for certain drugs, including amphetamine and opiates, continues to climb, according to a landmark analysis of workplace drug test results released…
Pre-Offer Drug Tests Violated Americans with Disabilities Act
Pre-offer drug tests to determine the use of both legal and illegal drugs violated the Americans with Disabilities Act’s prohibition on pre-offer medical inquiries, a federal court in Pennsylvania held on March 6, 2014. EEOC v. Grane Healthcare Co. and Ebensburg…
Cross-Border Employers Must Take Care Before Implementing Drug-and-Alcohol-Testing Policies at Non- U.S. Operations
Many U.S.-based employers perform pre-employment, post-accident, or random drug testing, and with some exceptions, are generally permitted wide latitude in deciding when to conduct such tests. The U.S. attitude toward drug testing does not necessarily translate to…
Bringing Your Employees Down From Their High: Drug Testing and Legalized Marijuana
Over the years, most employers have implemented policies that prohibit the use of illegal drugs during work hours or while on work-related business. Many other employers have made drug testing part of the standard onboarding process for all new employees. With the…
FMCSA Notice of Proposed Rulemaking – Commercial Driver’s License Drug and Alcohol Clearinghouse
On February 12th, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (“FMCSA”) announced a Notice of Proposed Rulemaking (“NPRM”) to establish a national drug and alcohol clearinghouse for commercial…