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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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November 12, 2018

Voters in Three States Approve Marijuana Laws on Election Day

November 12, 2018

Three states approved new marijuana laws on Election Day 2018. Voters approved medical marijuana laws in Missouri and Utah, while Michigan voters approved a recreational marijuana law. Michigan: Recreational Marijuana Michigan Proposal 1 was passed by a majority (approximately 55% “Yes” and 45% “No”). Proposal 1, the Michigan... Read More

November 5, 2018

What Employers Should Watch For in Election 2018

November 5, 2018

Election Day may result in significant changes in our country’s labor and employment landscape. This article discusses some issues employers should watch closely. Arbitration Congressional Democrats have proposed legislation intended to overturn the U.S. Supreme Court’s 2018 ruling that employers do not violate the National Labor... Read More

October 16, 2018

New OSHA Guidance: Certain Safety Incentive Programs, Post-Accident Drug Tests Permissible

October 16, 2018

Most safety incentive programs and post-incident drug testing policies will not be considered retaliatory and unlawful under a new Standard Interpretation from the Occupational Safety and Health Administration (OSHA). OSHA’s “Clarification of OSHA’s Position on Workplace Safety Incentive Programs and Post-Incident Drug Testing Under... Read More

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November 13, 2018
SHRM

Tressi Cordaro Discusses OSHA’s Clarifications on Safety Incentives and Drug Testing

November 13, 2018

Tressi Cordaro discusses OSHA clarifying the DOL's position on workplace safety incentive programs and post-incident drug testing in "OSHA Clarifies when Post-Accident Drug Testing Is Permitted," published by SHRM. Subscription may be required to view article Read More

October 31, 2018
SHRM

Kathryn Russo Discusses Drug Addiction and its Impact on ADA Discrimination Claims

October 31, 2018

Kathryn Russo discusses the implications of drug addiction and disability accommodations under the Americans with Disabilities Act in "Interact Sensitively with Employees Addicted to Opioids," published by SHRM. Subscription may be required to view article Read More

June 1, 2018
Occupational Health & Safety Magazine

Kathryn Russo Authors "Top Ten Mistakes Employers Make When Conducting Workplace Drug and Alcohol Testing"

June 1, 2018

Kathryn Russo authors "Top Ten Mistakes Employers Make When Conducting Workplace Drug and Alcohol Testing," published by DATIA Focus Magazine. Subscription may be required to view article Read More

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