Vigilant Blog

News, trends and analysis in employment law, HR, safety & workers' comp

Showing posts for: Drug and Alcohol

Photo of Kara Craig
Jul 07 2022
Q&ADisabilityDrug and AlcoholHiringSafety and Health  

Q&A: Hiring before receipt of drug test and background check is risky

Question: Our company is struggling to find workers and keep operations running efficiently. All employment offers are conditioned on passing a preemployment drug screen and background check. We’ve been allowing new hires to start working before we receive the results from our third-party vendors. We just learned that an employee who has…

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Photo of Chris Edison
Jul 07 2022
Drug and AlcoholHiringWage and Hour  

CALIFORNIA: No pay due for applicants’ time to take drug tests

The U.S. Ninth Circuit Court of Appeals recently ruled that California employers aren’t required to compensate applicants for time and travel expenses required to undergo mandatory preemployment drug tests. A grocery store with locations in California offered jobs to applicants contingent on a successful background check and drug test. The company paid…

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Photo of Karen Davis
Mar 10 2020
Drug and Alcohol  

DOT confirms CBD use doesn’t excuse positive marijuana test

The U.S. Department of Transportation (DOT) recently issued a bulletin confirming that using a product containing cannabidiol (CBD) isn’t a valid excuse for testing positive for tetrahydrocannabinol (THC) under DOT rules. Both products are derived from marijuana; THC has psychoactive effects, while CBD doesn’t. The cannabis industry is poorly regulated and as we…

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Photo of Kara Craig
Feb 11 2020
Q&ADisabilityDrug and Alcohol  

Q&A: Are prior addicts covered by the ADA?

Question: One of our employees failed a random drug test. He says the positive test occurred because he was prescribed methadone by his doctor to treat his addiction to opiates. Do we have to retain him? We’re concerned about safety.   Answer: If your drug testing process had included the services of a Medical…

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Photo of Karen Davis
Feb 11 2020
Drug and Alcohol  

FMCSA random drug testing rate increases to 50%

The minimum random drug testing rate for commercial motor vehicle (CMV) drivers subject to federal drug and alcohol testing requirements has increased from 25 percent to 50 percent for calendar year 2020. Covered motor carriers must conduct enough random drug tests during the year to amount to at least 50…

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May 17 2019
Drug and Alcohol  

CBD products may cause positive drug tests (surprise!)

Marijuana-derived cannabidiol (CBD) products may also contain tetrahydrocannabinol (THC), the psychoactive part of cannabis, causing positive drug tests for workers who use CBD products. The federal government still considers marijuana illegal, but almost every state has legalized cannabis for medical or recreational use, and many cannabis-based products – including CBD products –…

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Photo of Jackie Marks
Aug 22 2018
Q&ADisabilityDrug and AlcoholHiringTermination & Resignation  

Q&A: Use MRO to verify whether prescription caused positive drug test

Question: We require all new hires to pass a pre-employment drug test. Do we have to use the same process we use for our random, reasonable suspicion, and post-accident drug testing and send positive test results to a medical review officer (MRO)? Or, can we simply ask potential new hires for a list of medications they have been prescribed?

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Photo of Diane Buisman
May 15 2018
Drug and Alcohol  

Q&A: Address employee’s failure to follow drug testing procedures

Question: When an employee is selected for a random drug test, we instruct them to report directly to the testing facility, which is only about five minutes away. One employee recently took two hours to get there. He passed the drug test, so can we do anything about his delay in getting to the testing facility?

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Photo of Jon Benson
Dec 05 2017
Drug and AlcoholSafety and Health  

Think twice when conducting post-accident drug testing on employees

The Question: Our employee reported that he was injured on-the-job today, but we don’t yet know the nature of the incident or who (if anyone) was at fault. Our standard procedure is to send him for a drug test immediately. Can we do so?

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Photo of Jodi Slavik
Jun 15 2017
Drug and Alcohol  

Positive drug tests on the rise

In a report released May 16, 2017, Quest Diagnostics revealed that American workplace drug testing has reached its highest positivity rate in 12 years. After analyzing more than ten million drug test results in 2016, Quest found that workers tested positive in 4.2 percent of all urine tests—a 5 percent jump from…

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