Drug & Alcohol Abuse

News & Analysis as of

Minnesota Legislative Update: 2015 Legislative Session Wrap-up

After 10 years of budget deficits, the Minnesota Legislature convened in January to set the state’s biennial budget with a projected $1.9 billion surplus. This surplus spurred hope of an orderly session and predictions of tax...more

Issues Concerning Substance Abuse Patient Confidentiality Laws

It was with the best of intentions that Congress passed the Federal Confidentiality of Alcohol and Drug Abuse Patient Records Law over forty years ago. The patient privacy regulations (“Part 2”) spawned by this law reflected...more

Can an employer require drug testing in the workplace? [Video]

Phoenix business law firm Jaburg Wilk employment attorney Kraig Marton discusses drug testing in the workplace. For more information visit www.jaburgwilk.com. ...more

Health Alert (Australia) - April 13, 2015

In This Issue: Judgments; Legislation; and Reports. Excerpt from Reports: 27 March 2015 - Public consultation opens on draft Principles and guidelines for the care and use of non-human primates for scientific...more

Common Sense Prevails: Arbitration Award OK’ing On-Duty Drug Usage Overturned

In the world of labor arbitration, common sense sometimes takes a holiday. Fortunately, a Superior Court judge recently overturned an arbitrator’s attempt at second guessing an employer’s response to serious misconduct...more

Health Alert (Australia) - March 23, 2015

In This Issue: Judgments; Legislation; and Reports. Excerpt from Reports: New South Wales (NSW). Ministry of Health - Media Releases - 18 March 2015 - NSW says protect against mosquitoes after huge...more

Drug addiction and SSD benefits

People seeking Social Security Disability benefits must meet stringent medical criteria. Given this requirement, many people may believe complicating medical issues, such as drug addiction, preclude a person from receiving...more

InterConnect - Winter/Spring 2015

In this Issue: - Between a Rock and a Hard Place: Employers Must Walk a Narrow Path to Comply with DOT and EEOC Directives - New FDA Guidance for 3PLs on License Reporting Under the DSCSA - Moving Ahead in...more

“State Of The Union” On Substance Abuse And The Workplace

Where are we these days with respect to mind-altering substances and the workplace? Here’s the latest, with the “substances” discussed in alphabetical order. This blog post is guaranteed accurate™ for at least the next five...more

New York Court Holds That Alcohol Treatment Is Not Compensable Time

Gibbs v. City of New York, No. 12-CV-8340 (S.D.N.Y. Jan. 23, 2015): The Southern District of New York held that the Fair Labor Standards Act (FLSA) does not require an employer to pay overtime to two female police officers...more

You Must Be Sober For More Than A Week To Keep Your Truck Driving Job

If a commercial driver is diagnosed with chronic alcoholism, can his employer terminate him a week later because his diagnosis excludes him from performing the essential functions of his job? In Jarvela v. Crete Carrier...more

Governor’s Council recommending mandatory use of SCRIPTS program

Prescription drug abuse is epidemic across the nation, and South Carolina has not been immune. According to a 2013 report from the State’s Inspector General, South Carolina ranked 23rd per in per capita opioid painkiller...more

How to Drink: A Skill That May Have Been Pre-Learned and Finely Honed in Law School

Mark Perlmutter is back for the fourth post in his six-part series on law school lessons that are not advisable for a healthy home life. Be sure to read the first, second and third posts if you missed them. Mark is a Texas...more

Doctors, Lawyers and the Controversial Prop 46

What's the most controversial measure on California's November ballot? The insurance regulation bill, Prop 45, may be a good contender – but more than likely the controversy over Proposition 46 will win the contest hands...more

Medical review officers can help eliminate disability discrimination claim

Oklahoma consistently ranks at or near the top of all states when it comes to prescription drug abuse. The prescription rate for opioids (i.e., painkillers) in Oklahoma is among the highest in the nation, and the state also...more

Federal Court Rules that Minnesota Drug Testing Law Does Not Apply to Employment Outside of Minnesota

Employers with operations in multiple states have long known that Minnesota has the most restrictive drug and alcohol testing law in the country. To make matters more difficult for employers, the Minnesota law, by its terms,...more

NLRB Continues Its Busy Summer with Important New Decisions on Weingarten Rights, Noel Canning Issues

The National Labor Relations Board continued its busy summer over the past two weeks. First, the Board issued a decision reaffirming the importance it places on an employee’s Weingarten rights, even if they impede an...more

Alcoholic Truck Driver Case Is Good For Transportation Employers, But Be Careful

The U.S. Court of Appeals for the 11th Circuit, which hears appeals from federal courts in Alabama, Florida, and Georgia, recently affirmed summary judgment for Crete Carrier Corporation. Crete fired one of its truck drivers...more

Appelate Court Notes

SC19092 - Stafford v. Roadway - The plaintiff, a “20 year old minor,” (admittedly experienced with drinking) filed a twenty-four-count complaint against the defendants for personal injuries allegedly sustained after he...more

SAMHSA to Hold Part 2 “Listening Session”

The Substance Abuse and Mental Health Services Administration (“SAMHSA”) has scheduled a “public listening session” on Wednesday, June 11, 2014, to seek input on potential changes to the federal Confidentiality of Alcohol and...more

NY Bill Seeks to Strip Insurers of Discretion When Substance Abuse Services Should Be ERISA Preempted

The New York State Senate is considering passing Bill No. 4326 which seeks to address an epidemic of heroin and prescription drug abuse by requiring insurers to provide in-patient treatment to addicts. Publicity over the...more

Is An Employee Who Is Six Days out of Rehab “Disabled” Under the TCHRA?

The Texas Commission on Human Rights Act (TCHRA) provides that a “current condition of addiction” to alcohol, drugs, or controlled substances is not a covered “disability.” In Melendez v. Houston Independent School District...more

A License to Wed: Can You Be Denied a Marriage License?

In October of 2013, the Illinois couple of Colette Purifoy and John Morris were denied a marriage license because of John’s inability to consent. In 2009, John suffered permanent brain damage after unexpected complications...more

Drug Testing Index Shows Sharp Decline in Employee Drug Use

Illegal drug use among American workers has declined 74% in the 26 years since enactment of the Drug-Free Workplace Act of 1988, according to Quest Diagnostics’ Drug Testing Index (DTI). The national laboratory network bases...more

RWAs Can Help Manage Alcoholic Employees

Although alcoholism is a disability under the Americans with Disabilities Act (ADA), employers may terminate employees who violate agreements to get sober. A U.S. court of appeals recently reaffirmed this principle, ruling in...more

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