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Showing posts for: Drug and Alcohol

Jan 06 2016
DisabilityDrug and AlcoholQ&A

Do we have to hire an applicant who disclosed she is a recovering alcoholic?

A: If the reason you are choosing not to hire the applicant is purely because she is a recovering alcoholic, then that is a violation of the Americans with Disabilities Act (ADA) and the applicant could bring a discrimination claim. However, if you’re choosing not to hire her because she is either not qualified to…

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Oct 21 2015
Drug and AlcoholPrivacy & ConfidentialityQ&A

When is it okay to search an employee’s locker?

A: As long as you warn employees and have a legitimate business purpose, you may conduct searches of items and areas located on company property, including company-owned lockers. As an employer you must always show that your business needs justified your actions and how those needs outweighed an employee’s reasonable expectation of privacy. Before conducting…

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May 18 2015
Drug and AlcoholQ&A

Anonymous tip on drug use alone not enough to justify test

Answer: The use of drugs in the workplace is on the rise, as we discuss in our post, “Positive drug tests on the rise.” However, this trend alone doesn’t give employers the right to jump to conclusions. An anonymous tip is not enough to require a drug test. Reasonable suspicion doesn’t mean you have to be…

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Nov 13 2014
Drug and AlcoholQ&A

Can we provide nonprescription drugs in the workplace?

A: Yes, but it’s not recommended. Some employers believe that providing nonprescription medication to employees could potentially save on a large worker’s compensation claim because employees can self-help for medical issues rather than visiting a doctor. While that may occasionally be true, there is very little regulation regarding nonprescription medication in the workplace, so the…

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Nov 05 2014
Drug and AlcoholOregonSafety 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. Employers in these states, as well as neighboring states where employees may cross the border to buy pot, should consider what to do next. The Oregon…

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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. The case stems from an employer’s random drug testing procedures, which were specifically designed…

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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. To qualify for the credit, the employer must have 25 or fewer full-time equivalent employees (FTE), and the average annual wages of the company’s FTEs must be at or below a…

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May 13 2014
Drug and AlcoholQ&A

Some drug testing methods may have a disparate impact

A: Drug testing through hair samples can be tempting to employers, but it’s probably not the best option. In a recent case, a group of African-American police officers and candidates challenged their department’s practice of drug testing via hair samples, citing a higher rate of positive tests for African-American officers and candidates relative to the…

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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…

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Oct 08 2013
Drug and AlcoholQ&A

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

A: It depends on the information, its source and what your drug testing policy says. Consider a recent court case: An employee threw a party at her house for her coworkers. After the party, the spouse of a coworker reported to Human Resources that while at the party, the employee had asked her if she…

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Sep 18 2013
Drug and AlcoholQ&AWashington

Use of E-Cigarettes in the workplace

A: E-cigarettes, the common name for nicotine delivery devices, are not yet FDA approved. They do not produce smoke but water vapor which contains trace amounts of nicotine. The use of these devices is often referred to as “vaping.” For the past several years, e-cigarettes have been prohibited in public places in King County, pursuant…

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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. Before the event, the employer took the sensible steps of presenting employees with only two drink tickets each and limiting the bar offerings to beer and wine. During the party, it all unraveled. An employee consumed a…

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