Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts for: Drug and Alcohol

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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Photo of Karen Davis
Nov 09 2012
Drug and AlcoholEmployee BenefitsLeave Laws  

Alert: Initiatives on recreational marijuana and same-sex marriage raise questions for employers(WA)

Now that Washington voters have voted to legalize recreational marijuana use (I-502) and endorse same-sex marriage (R-74), employers have been asking whether these laws will impact their employment policies. Here’s Vigilant’s take on these two issues. Recreational marijuana use We don’t expect I-502 to affect employers’ ability to enforce their drug policies. The new law doesn’t…

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Feb 28 2012
Drug and Alcohol

FMCSA clarifies drug testing regulations

The Federal Motor Carrier Safety Administration (FMCSA) recently amended its drug testing regulations for drivers of commercial motor vehicles. Read More…
Jun 24 2011
Drug and Alcohol

WASHINGTON: No duty to accommodate medical marijuana

In a victory for employers, the Washington Supreme Court affirmed that authorized use of medical marijuana under state law doesn’t excuse an employee’s positive drug test.

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May 11 2011
Drug and Alcohol

Thirty-days’ clean drug user not protected under ADA

Most employers know that the federal Americans with Disabilities Act (ADA) protects recovered drug addicts, but not current illegal drug users. But what if an employee has only just finished drug rehab and has been “clean” for 30 days? Is the employee a recovered drug addict when they have used illegal drugs that…

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Apr 04 2011
Drug and Alcohol

Lifetime ban against applicants who test positive for drugs OK

He sued, saying the policy discriminated against him under the Americans with Disabilities Act (ADA) because of his past drug addiction, and that it had a disparate impact on all recovered drug addicts. The court disagreed, because the policy affected both casual users and addicts, and because the applicant didn’t produce…

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Sep 07 2010
Drug and Alcohol

DOT revises drug test rules, adds Ecstasy to tested substances

75 Fed Reg 49850, Aug 16, 2010). Most importantly for employers, the new rules:Add a new substance, Methylenedioxymethamphetamine (MDMA, commonly known as Ecstasy), to the panel of drugs for which the laboratory must test; Lower the cutoff levels for cocaine (to 150 ng/mL for initial tests and 100 ng/mL for…

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Jan 28 2010
DisabilityDrug and Alcohol

Medical questions after pre-offer drug test may violate ADA

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