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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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June 18, 2018

Opioid Crisis Disproportionately Affects Construction Industry: Three Policies to Minimize Associated Risks

June 18, 2018

In October 2017, the White House declared the opioid addiction epidemic to be a “public health crisis.” Not surprisingly, according to an October 2017 article by Construction Dive, this crisis disproportionately affects the construction industry more than any other sector. With an aging workforce in a physically demanding industry,... Read More

June 5, 2018

Maine’s New Recreational Marijuana Law Permits Employers to Enforce Policies Restricting Use

June 5, 2018

Maine’s new recreational marijuana law permits employers to enforce workplace policies restricting the use of marijuana and to take disciplinary action in accordance with those workplace policies. The new law, which took effect on May 2, 2018, replaced one that had been the subject of controversy, particularly with regard to certain... Read More

May 2, 2018

New Jersey Enacts Paid Sick Leave Act and Springs Forward with Legislative Agenda

May 2, 2018

Expanding employee protections in New Jersey is on the agenda for the overwhelming party-majorities in the Senate and the Assembly in the Legislature and for Governor Phil Murphy. In the latest development, Governor Murphy signed The New Jersey Paid Sick Leave Act on May 2, 2018. The bill passed by 2-1 margins in both houses. The... Read More

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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

May 11, 2018
Newsday

Kathryn Russo Comments on the Difficulties the Opioid Epidemic has Posed on Employers in Long Island NY

May 11, 2018

Kathryn Russo comments on how employers are greatly impacted by the effects of the growing opioid epidemic and their increased need for guidance in “Opioid epidemic takes a toll on Long Island's businesses and workers,” published by Newsday. Subscription may be required to view article   Read More

May 9, 2018
EHS Today

Matthew Nieman Comments on Implications of Positive Workplace Drug Tests Remaining at 10-Year High

May 9, 2018

Matthew Nieman comments on implications of the number of positive results from employment-related drug tests in 2017 and its threat to workplace safety in "Workforce Drug Positivity at Highest Rate in a Decade," published by EHS Today. Subscription may be required to view article   Read More

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