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Drug Testing and Substance Abuse Management

Recent developments with respect to medical marijuana laws at the state level raise new questions for employers on top of existing issues surrounding drug testing and substance abuse management in the workplace.

Overview

We bring together attorneys with extensive knowledge of the wide range of issues implicated in workplace drug testing and substance abuse management with experienced attorneys from our Workplace Safety and Health and Disability, Leave and Health Management Practices to provide comprehensive advice and counsel on these sensitive workplace law challenges.

To assist employers with their drug testing and substance abuse management objectives, we advise clients concerning the legal issues and requirements imposed by federal, state and local laws and regulations. We routinely prepare and review policies to ensure compliance with applicable federal, state and local laws and regulations requiring and/or regulating drug testing and substance abuse programs.

We assist clients in making “reasonable suspicion” determinations, assessing methods of “random” testing and determining appropriate disciplinary actions for substance abuse policy violators. Our attorneys also draft agreements for employees who agree to enter treatment and rehabilitation programs, and we advise employers who oppose claims for unemployment compensation following termination for a positive drug test.

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January 10, 2017

2017: The Year Ahead for Employers

January 10, 2017

An executive summary of recent changes in workplace law and a look ahead to 2017. Read More

November 11, 2016

Seven States Pass New Marijuana Laws on Election Day

November 11, 2016

Election Day 2016 saw voters approve new marijuana laws in seven states. There are now a total of 28 states (plus the District of Columbia) with medical marijuana laws and 8 states (plus the District of Columbia) with recreational marijuana laws. Arizona’s proposed recreational marijuana law did not pass. Medical Marijuana 1... Read More

January 7, 2016

Why Employers Need to Update Their Workplace Drug and Alcohol Policies in 2016

January 7, 2016

The beginning of a new year is a good time for employers to review their workplace policies to assess what changes are necessary. Employers that conduct drug and alcohol testing should consider updating their substance abuse testing policies now, particularly if they have not done so in several years. Here are the top 10 reasons why... Read More

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September 16, 2016
Law 360

Mark de Bernardo Comments on Marijuana Legalization and Drug-Free Workplaces

September 16, 2016

Mark de Bernardo comments on marijuana legalization and workplace drug policies in "Marijuana Legalization Votes Won’t End Drug-Free Workplaces," published by Law 360.  Subscription may be required to view article Read More

June 24, 2016
SHRM

Kathryn Russo Discusses OSHA's Bar on Across the Board Post-Accident Testing

June 24, 2016

Kathryn Russo discusses OSHA's comments on across-the-board post-accident drug testing in SHRM's "Employers Grapple with OSHA's Bar on Blanket Post-Injury Drug Testing." Subscription may be required to view article   Read More

June 8, 2016
Bloomberg BNA

Roger Kaplan Comments on New OSHA Drug-Testing Rule

June 8, 2016

Roger Kaplan discusses the new OSHA rule restricting when employers can require workers to take drug tests following accidents and injuries in Bloomberg BNA's "New OSHA Drug Testing Limits Raise Concern." Subscription may be required to view article   Read More

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