Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts for: Drug and Alcohol

Nov 13 2014
Q&ADrug and Alcohol

Can we provide nonprescription drugs in the workplace?

Q: We have always provided aspirin and ibuprofen to our employees in first aid kits and the break room. Can I provide these nonprescription medications to my employees?

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Photo of Karen Davis
Nov 05 2014
Drug and AlcoholSafety and Health  

Alert: Oregon voters approve recreational marijuana; are employers prepared?

The November 4, 2014, ballot results of Measure 91 are clear: Oregon voters have joined their Washington neighbors in approving recreational marijuana for individuals who are 21 or older.

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Photo of Diane Buisman
Sep 24 2014
DisabilityDrug and Alcohol  

Drug testing for prescription medication is questionable under ADA

Random drug testing for prescription medication pushes the limits of what is permissible under the federal Americans with Disabilities Act (ADA), but may not necessarily violate the law, according to a recent case from the Sixth Circuit U.S. Court of Appeals.

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Photo of Karen Davis
Aug 14 2014
Drug and Alcohol  

Rules finalized for small business health care tax credit

The IRS has published final rules explaining how eligible small employers may claim a partial tax credit for providing health insurance to their employees.

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Photo of Lorraine Hoffman
May 13 2014
Q&ADrug and Alcohol  

Some drug testing methods may have a disparate impact

Q: We would really rather not have to collect urine samples from our employees; can we perform drug tests on hair samples instead?

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Photo of Jon Benson
May 01 2014
Drug and Alcohol  

E-cigarettes and the smoke-free workplace

Question: What are electronic cigarettes?Answer: Electronic cigarettes, or “e-cigarettes,” are tobacco-free, nicotine delivery devices. They are battery powered and do not emit tobacco smoke. E-cigarette users are said to “vape” the devices, rather than smoke them.  The e-cigarettes emit a vapor cloud which is a mix of water and nicotine.Question: We have a smoke-free workplace…

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Oct 08 2013
Q&ADrug and Alcohol

Reliable statements about off-the-job drug use may justify reasonable suspicion testing

Q: We received information recently that one of our employees admits to using drugs and to falsifying her random drug tests. Can we drug test her based on this information?

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Sep 18 2013
Q&ADrug and Alcohol

Use of E-Cigarettes in the workplace

Q: One of our employees in Seattle asked this morning, "Are we allowed to smoke e-cigarettes in the office? My officemate does not mind."

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Sep 12 2013
Drug and Alcohol

Employer held liable for employee’s drunk driving accident after holiday party

A tragic accident turned into major liability for an employer whose holiday party resulted in a drunk-driving fatality.

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Apr 16 2013
Q&ADrug and Alcohol

More Q&As involving random alcohol tests

Random alcohol tests of employees are prohibited under the Americans with Disabilities Act (ADA) because they are considered medical exams, which are prohibited on a random basis unless there is a job-related reason for doing so that is consistent with business necessity. Random tests are allowed if a specific law provides for an exemption, such as commercial motor vehicle drivers under the U.S. Department of Transportation regulations. Here are some of the questions Vigilant  has received recently regarding random alcohol tests:

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