A U.S. District Court in Maryland ruled that employers are not required to allow employees to use medically prescribed marijuana at work, even under the Americans with Disabilities Act (ADA). While the court acknowledged that employees cannot be discriminated against…
Posts by Category: Pre-employment Drug Testing
US Workers Are Failing Drug Tests at an Incredible Rate – But Legal Weed Has the Future of These Screenings in Doubt
Although experts are predicting drug testing won’t entirely disappear due to the increased legalization of marijuana, they have said that the scope and type of testing should change. A recent report by Quest Diagnostics revealed that the number of United States…
Illinois Marijuana Legislation Update: Senate Bill Would Protect Employers’ Rights
As part of the full legalization of recreational marijuana, House Bill 0902 creates the Cannabis Legalization Equity Act, which provides details on the possession, consumption, use, display, purchasing, transportation and growth of cannabis, both on one’s own premises…
Say What? The Employee Who Failed His Post-Accident Drug Test Gets Workers’ Comp.?
Employers might assume that an injured worker’s positive post-accident drug or alcohol test will automatically defeat a related workers’ compensation claim. However, in Ohio at least, the reality is a bit more complicated. Under Ohio law, a positive, post-accident…
Workforce Drug Positivity Rises by Double-Digits in Almost One-Third of U.S. Industry Sectors Examined, According to New Quest Diagnostics
Data released by Quest Diagnostics shows that drug use in the United States workforce increased by double digits between 2015 and 2017 in five major industry sectors, including Transportation and Warehousing; Other Services; Finance and Insurance; Retail Trade; and…
States Move to Ban Synthetic Urine
Mississippi Representative Willie Bailey recently proposed the bill “Urine Trouble Act,” which is intended to address synthetic urine being used by safety-sensitive employees to cover up negative drug testing. Although the bill passed in the Mississippi House was…
Workforce Drug Positivity at Highest Rate in a Decade, Finds Analysis of More than 10 Million Drug Test Results
The 30th year of the Drug-Free Workplace Act and the Quest Diagnostics Drug Testing Index (DTI) continues to demonstrate that drug positivity rates are on the rise. For instance, the positivity rate for cocaine has increased for the fifth year in a row in the general…
Caesars No Longer Screening Job Applicants for Marijuana Use
Prompted by Nevada’s recent legalization of recreational marijuana use, Caesars Entertainment Corp. has announced that it will no longer screen job applicants for marijuana use as a condition of employment. Executive Vice President of Corporate Communications and…
How Indiana’s Legalization of CBD Oil Will Impact Workplace Drug Testing
In March 2018, the sale and use of cannabis-derived CBD oil was legalized throughout the state of Indiana, but Act 52 raises new questions for employers and employees. The state does not regulate drug testing by private employers, allowing employers a wide latitude in…
The Coming Decline of the Employment Drug Test
Marijuana is now legal in nine states and Washington, D.C., which has resulted in the slow decline of pre-employment drug tests. Excellence Health Inc., a Las Vegas-based health care company with about 6,000 employees, no longer drug tests people coming to work for…