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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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August 8, 2018

New York Steps Closer to Legalizing Recreational Marijuana Use with Creation of Drafting Workgroup

August 8, 2018

New York Governor Andrew Cuomo is setting the stage to begin debate over the legalization of marijuana for recreational use during the 2019 Legislative Session. The current marijuana program, restricted to medical marijuana usage, was signed into law in 2014. On August 2, 2018, Governor Cuomo announced the creation of a workgroup to... Read More

June 28, 2018

Oklahoma Voters Pass Broad Medical Marijuana Law with Workplace Anti-Discrimination Provisions

June 28, 2018

Oklahoma became the 30th state to pass a medical marijuana law. Voters approved the measure on June 26, 2018. The new law gives physicians broad discretion to prescribe medical marijuana, which should make it fairly easy to obtain. Additionally, it restricts employers from taking action against applicants or employees solely based on... Read More

June 21, 2018

What Vermont’s Legalization of Recreational Marijuana Means for Employers

June 21, 2018

Vermont’s recreational marijuana law, which goes into effect on July 1, 2018, lifts penalties for individuals possessing limited amounts of marijuana. However, the new law does not require employers to tolerate marijuana possession or use in the workplace. Further, employers may continue to test for marijuana, though any adverse... 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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