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Thirty Day Rehab Does Not Assure ADA Protection for Drug Users

By On June 20, 2011 · In Drug Testing
drug-testing-ada

A recent case from the 10th U.S. Circuit Court of Appeals should be of interest to all employers trying to navigate the murky waters of employee drug testing and rehabilitation. In the case, an employee sued his former employer for failing to reinstate him to his previous position (sales representative) [...]

Court Upholds ADA Compliance of One Strike Drug & Alcohol Policy

By On April 7, 2011 · In Drug Testing
Drug testing and ADA compliance

A recent opinion by the U.S. Court of Appeals for the Ninth Circuit clarifies employer liability under the Americans with Disabilities Act (ADA) where the employer maintains a lifetime ban on employing individuals that fail a pre-employment drug and alcohol test.

In the case, Lopez v. Pacific Maritime Association, the plaintiff challenged [...]

Medical Marijuana Law Addresses Discrimination

By On March 11, 2011 · In Drug Testing
AZ-medical-marijuana-drug-testing

Arizona voters recently approved Proposition 203, the Arizona Medical Marijuana Act, making Arizona the 15th state, plus the District of Columbia, to legalize medical marijuana.

Like other medical marijuana acts, the law permits patients who suffer from certain debilitating and life-threatening illnesses to possess and use medical marijuana as recommended by their physician and protects the treating physicians from arrest, prosecution and other penalties.

The key differentiator between Arizona’s Act and most other medical marijuana acts is the employment discrimination provisions.

DEA Bans Synthetic Cannabinoids

By On March 8, 2011 · In Drug Testing
DEA bans chemicals used in cannibinoids

The United States Drug Enforcement Administration (DEA) recently announced that it had used its emergency powers to prohibit five synthetic cannabinoids used to make “fake pot” products. The order, which went into effect March 1, bans the use of synthetic cannibinoids for at least one year.

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4 Best Practices for Addressing Medical Marijuana in Drug Testing Policies

By On February 21, 2011 · In Drug Testing
medical-marijuana-workplace-drug-free-testing-policy

Organizations benefit from a sound drug-free workplace policy as it helps ensure a safe and productive work environment, minimizes liability and helps comply with federal, state and industry regulations. However, recently passed medical marijuana legislation can make creating or maintaining a drug testing policy a difficult task, especially when combined with the risk and safety [...]

DOT Publishes CY 2011 Random Drug & Alcohol Testing Rates

By On January 5, 2011 · In Transportation Industry
truck

The Office of Drug & Alcohol Policy & Compliance (ODAPC) has published the random drug and alcohol test rates for calendar year 2011.

The chart below outlines the annual minimum drug and alcohol random testing rates established within Department of Transportation (DOT) Agencies and [...]