With more states passing laws allowing for marijuana use for medical and recreational reasons, the law regarding an employer’s responsibilities continue to evolve. In Pennsylvania, for instance, the statute lists specific areas in which employers may prohibit…
Posts by Category: Pre-employment Drug Testing
Washington Public Employer Hit with $1.8 Million Judgment for Failing to Accommodate Prescription Drug User
A customer service representative employed for 20 years in Washington was awarded more than $1.8 million in damages for the employer’s failure to accommodate her use of opioids that were prescribed to treat her migraines. A Washington federal district court confirmed…
Massachusetts High Court Reinstates Suit by Employee Fired for Off-Duty Medical Marijuana Use
The Massachusetts Supreme Judicial Court (SJC) reversed a lower court’s dismissal, determining that a woman’s claims for disability discrimination under the Massachusetts anti-discrimination statute could go forward. After accepting a job with Advantage Sales and…
Marijuana Trends Force Employers to Rethink Drug Testing Policies
With more and more employees testing positive for state-legalized marijuana, employers are encouraged to rethink testing and rewrite policies. Positive saliva and urine tests are climbing in both federally mandated, safety-sensitive workplaces, and general U.S….
In the Weeds: Florida Lawmakers Provide Medical Marijuana Guidance for the Workplace
There’s good news and bad news for employers after Florida Governor Rick Scott recently signed a medical marijuana bill into law that provides guidelines on the implementation of the state’s Constitutional Amendment regarding medical marijuana. In 2014, the governor…
A Painful Epidemic
According to the Centers for Disease Control and Prevention in Atlanta, opioid-related overdoses took the lives of 33,000 Americans in 2015. Driving the trend is a steep rise in the use of opioid painkillers, with 35 percent of American adults receiving prescriptions…
Legislators Finally Pass a Bill to Implement Florida’s Medical Marijuana Constitutional Amendment
The Florida Legislature passed a 78-page bill relating to medical use of marijuana. Under the new bill, a person must be a “qualified patient” – or diagnosed by a physician — or a caregiver,in order to use or handle medical marijuana. In addition, the Department…
Workplace Policies for Prescription Drugs
It is important for employers to include a Prescription Medication Disclosure provision in their workplace policy that is limited to those medications with impairing effects. For example, dura Automotive Systems implemented a new drug testing policy prohibiting…
Drug Panels and SAMHSA Requirements
About 33 states and municipalities in the United States have some sort of drug testing law. These laws often refer to the Substance Abuse and Mental Health Administration (SAMHSA) regulations or the Department of Health and Human Services (DHHS) regulations….
Electronic Chain of Custody Delivers Faster, Better Drug Testing
The Office of Management and Budget (OMB) recently approved an electronic version of the five-part paper custody and control form (CCF). It is believed that the electronic custody and control form (ECCF) will improve quality by reducing errors and eliminating…




