A tragic accident turned into major liability for an employer whose holiday party resulted in a drunk-driving fatality.
Read More…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:
Read More…Q: My maintenance guy just told me that the production floor is all a buzz (no pun intended) about the new marijuana law. Everyone wants to know what [we] will do if someone has a work related injury (our policy states you have to have a drug test while being treated at the clinic) and test positive for pot; assuming the pot usage happened the night before at home because now it’s legal.
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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…
Read More…The Federal Motor Carrier Safety Administration (FMCSA) recently amended its drug testing regulations for drivers of commercial motor vehicles.
Read More…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.
Read More…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…
Read More…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…
Read More…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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