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Apr 16 2013
Drug and AlcoholQ&A

More Q&As involving random alcohol tests

Q: Can we require a random alcohol test if an employee is on a Last Chance Agreement (LCA)? A: Yes, provided that you’re able to make a case that the random test fits within the ADA standard (i.e. job-related and consistent with business necessity). If an employee tests positive for a substance, therefore violating your…

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Nov 16 2012
Drug and AlcoholQ&AWashington

Washington’s New Marijuana Law and the Workplace

A: First, the new law doesn’t take effect until December 6, 2012, at which time the only provisions of the law that will go into effect are: 1. That individuals over 21 in Washington cannot be arrested under state law for possessing a small amount of marijuana for personal use; and 2. The new state…

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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…

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Feb 28 2012
Drug and Alcohol

FMCSA clarifies drug testing regulations

Clarifies that drivers are prohibited from using drugs on the Drug Enforcement Administration (DEA)’s Schedule I list under any circumstances. Schedule 1 drugs are those that the DEA says have a high potential for abuse and have no currently accepted medical use. Examples include marijuana, heroin, LSD, peyote, methamphetamines, and ecstasy. For other drugs and…

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Jun 24 2011
Drug and AlcoholWashington

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. Employers in Washington are therefore free to enforce company policies that provide for discipline or termination of workers who test positive for marijuana, regardless of whether the use of…

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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 recently? That’s…

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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 statistical evidence showing that…

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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 confirmation tests); Lower the…

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Jan 28 2010
DisabilityDrug and Alcohol

Medical questions after pre-offer drug test may violate ADA

Harrison v. Benchmark Electronics Huntsville, Inc., 11th Cir, Jan. 2010). Tips: Notice of a positive drug test result should go directly to the MRO. If the MRO determines that a legitimate prescription caused the positive result, then you should be told the test result was negative, with no other details. You can make the job…

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