Vigilant Blog

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

Showing posts for: Drug and Alcohol

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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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.

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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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