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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.

The Team

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December 13, 2019

Illinois Legislature Clarifies Cannabis Act to Protect Employers Engaged in Workplace Marijuana Testing

December 13, 2019

Marijuana will become legal recreationally in the State of Illinois on January 1, 2020. The Cannabis Regulation and Tax Act, enacted last June, raised questions on the scope of marijuana drug testing that may be conducted by employers. On December 4, 2019, Governor J.B. Pritzker signed amendments to clarify workplace drug testing and... Read More

October 21, 2019

FMCSA Clearinghouse Opened, Transportation Department Announces

October 21, 2019

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse registration, which is the electronic database that will contain information about commercial motor vehicle drivers’ drug and alcohol program violations, is open, the agency has announced. The Clearinghouse will become operational on... Read More

October 4, 2019

New Connecticut Law Requires Policy on Opioid Antagonists at Colleges, Universities

October 4, 2019

Connecticut has enacted changes to its opioid laws that include requiring institutions of higher education to implement a policy on the availability and use of opioid antagonists for students and staff. Public Act No. 19-191, “An Act Addressing Opioid Use,” makes various other revisions to the state’s opioid use prevention and... Read More

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November 14, 2019
SHRM

Kathryn Russo Discusses Implications of New Guidelines Permitting Oral Fluid Drug Testing

November 14, 2019

Kathryn Russo discusses implications of new guidelines permitting oral fluid testing as an alternative to urine testing for Department of Transportation programs in compliance with federal drug testing regulations in “HHS Issues Guidelines for Oral Fluid Drug Testing,” published by SHRM.  Subscription may be required to view... Read More

November 11, 2019
Material Handling & Logistics News

Kathryn Russo Discusses Implications of FMCSA Regulations for Drug Violation Reporting

November 11, 2019

Kathryn Russo discusses implications of new regulations issued by the Federal Motor Carrier Safety Administration (FMCSA) requiring employers to report violations of federal drug and alcohol policies through a new electronic database in “FMCSA Clearinghouse Goes Live in January 2020,” published by Material Handling & Logistics News... Read More

August 7, 2019
SHRM

Kathryn Russo Comments on the Growing Popularity of CBD Use and its Impact on Workplace Drug Testing

August 7, 2019

Kathryn Russo comments on the evolving CBD marketplace and its impact on workplace drug testing in "Cannabis Oil Complicates Drug Testing," published by SHRM. Subscription may be required to view article Read More

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