Dear Littler: We are a manufacturing company with facilities in multiple states. We have had a number of incidents when supervisors have suspected an employee was impaired while working due to alcohol or drug use. We are particularly concerned about employees potentially endangering themselves or others if they are
Articles Discussing Drugs & Alcohol In The Workplace.
The Year Ahead in Cannabis Use Protections
As courts increasingly enforce applicable state and local laws that make marijuana legal instead of the federal law that makes it illegal, workplace substance abuse policies need a re-look. Jackson Lewis principals Catherine Cano and Kathryn Russo share insights on how the rapidly proliferating laws protecting marijuana and CBD are making marijuana issues for employers more complex.
Medical Marijuana in Your Suitcase? How One Basketball Player’s Conviction Raises Concerns for Employers
On October 25, 2022, U.S. professional basketball player Brittney Griner lost her bid in a Russian appeals court to overturn a nine-year sentence for attempting to smuggle illegal drugs into Russia. According to reports, Griner, a Women’s National Basketball Association star and two-time Olympic gold medalist, was arrested at a
Littler World Cup Matchups Part 4: Drug and Alcohol Testing
Voters in Two States Approve Marijuana Ballot Initiatives on Election Day 2022
Voters in Maryland and Missouri approved laws to legalize recreational marijuana on Election Day 2022. Recreational marijuana ballot initiatives did not pass in Arkansas, North Dakota and South Dakota.
Maryland
Maryland voters approved a state constitutional amendment that will allow the use of cannabis by anyone over the age of
Walmart Named in Legal Cannabis Class Action Suit for Retaliating Against Employees
Cannabis use has been legalized in 19 different states, so far. In New Jersey, state legislation has been passed to ensure employees who engage with cannabis recreationally are not penalized in the workplace. Still, many employees are subject to drug tests that continue to identify the presence of marijuana,
Should Employers Continue To Drug Test For Marijuana?
Due to the proliferation of state and local laws legalizing marijuana and protecting off-duty use, employers are struggling with whether it makes sense to continue to drug test for marijuana. Earlier this month I was privileged to record a podcast with the Disability Management Employer Coalition on the topic of
The Latest in Multi-Jurisdictional Marijuana Compliance
Legalization of medical and recreational marijuana use continues to spread across the United States despite the drug remaining a Schedule I controlled substance under federal law. This comes as respondents to Ogletree Deakins’ recent survey report, Strategies and Benchmarks for the Workplace: Ogletree’s Survey of Key Decision-Makers, indicated that keeping
Drug Overdoses in 2021 at Highest Level on Record According to CDC, Driven By Opioids
The Centers for Disease Control and Prevention (CDC) published data on May 11, 2022 concluding that drug overdoses in 2021 reached the highest levels on record. CDC stated that an estimated 107,622 drug overdose deaths occurred in the United States in 2021, largely driven by opioids. This figure is a
Benchmarking Survey Provides Insight Into Employers’ Drug Testing Practices in Response to Hiring and Retention Challenges
The last few years have provided numerous reasons for employers to reevaluate drug testing practices—from the rapid development of job protections for medical and recreational marijuana use, to the increase in drug testing-based litigation, to pandemic-related remote work, to staffing challenges. Ogletree Deakins’ April 2022 report, Strategies and Benchmarks for
Can an employer conduct reasonable suspicion drug testing?
Yes, in almost every U.S. jurisdiction an employer can ask workers who appear to be impaired or otherwise in violation of the employer’s drug and alcohol testing policy to submit to a reasonable suspicion drug test. Even in jurisdictions that authorize the use of marijuana and marijuana products for medical or recreational reasons, the laws permit employers to discipline workers who come to work impaired.
Bill Approved by House Legalizing Marijuana Also Would Affect Immigrants
The Marijuana Opportunity Reinvestment and Expungement (MORE) Act passed the House of Representatives on April 1, 2022. If passed by the Senate and signed by the President, the bill would clear marijuana-related convictions from people’s records and remove marijuana from the federal controlled substances list. The bill specifically prohibits the denial
Quest Diagnostics Study Finds Highest Drug Positivity Rate in Twenty Years
According to a new Quest Diagnostic Study analyzing workplace drug test results in 2021, employers saw the highest rate of positive drug test results in twenty years. The study was based on more than 11 million urine, hair and oral fluid drug tests collected during calendar year 2021. Of the
Manufacturers Must Consider Employee Use of Prescription Medications on an Individualized Basis
Manufacturers that conduct workplace drug and alcohol testing must be careful when addressing drug test results and employee disclosures of prescription medication use, especially as drug use has surged across the country during the COVID-19 pandemic.
U.S. Department of Transportation Publishes Proposed Rules For Oral Fluid Drug Testing
The U.S. Department of Transportation (DOT) published in the Federal Register on February 28, 2022 a notice of proposed rulemaking for oral fluid drug testing of transportation employees covered by federal regulations. DOT stated that the addition of oral fluid drug testing will give employers a choice to help combat
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