Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts for: Drug and Alcohol

Photo of Matt Norris
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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Photo of Jackie Marks
May 05 2017
Q&ADisabilityDrug and Alcohol  

Q&A: Is leave for jail time a reasonable accommodation for alcoholism?

Question: We have an employee who requested time off because he was in jail due to a Driving Under the Influence (DUI) conviction. We want to take action due to his excessive absenteeism. Do we have to grant him time off as a reasonable accommodation for alcoholism?

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Photo of Karen Davis
Nov 10 2016
Drug and AlcoholEmployee BenefitsLabor RelationsLeave LawsSafety and HealthWage and Hour  

Alert: 2016 ballot measures and election results will impact the workplace

With the November 8, 2016, election in our rear-view mirror, we’re reporting on three significant developments that will affect the workplace: California’s ballot measure on recreational marijuana, Washington’s ballot measure on paid sick leave and minimum wage, and the presidential election’s impact on recent federal employment law developments.

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Photo of Lorraine Hoffman
Feb 08 2016
Q&ADrug and Alcohol  

Marijuana in the workplace: Can we prohibit impairment?

Q: We know marijuana can stay in a person’s system for a long time, and are most concerned about preventing employees from coming to work impaired by marijuana. Can we change our Drug and Alcohol policy to prohibit “impairment” at work rather than “any detectable level”?

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Jan 06 2016
Q&ADisabilityDrug and Alcohol

Do we have to hire an applicant who disclosed she is a recovering alcoholic?

Q: During an interview, a candidate mentioned that she recently completed an alcohol rehabilitation program. Could we get into any legal trouble if we decide not to hire this candidate?

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