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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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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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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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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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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In its comments to recently published rules on reporting injuries and illnesses, the Occupational Safety and Health Administration (OSHA) says mandatory post-accident drug testing may have a chilling effect on reporting.
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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”?
Read More…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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Q: Our custodial staff found beer cans in the lunchroom. We don’t know who could have been drinking at work and we’d like to search employee lockers in order to find out. Is that okay?
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Question: Our office has received an anonymous tip that one of our employees regularly uses marijuana. We have a zero tolerance drug policy that includes reasonable suspicion testing. Can we send her in for a drug test?
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