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Employer Liability Issues Drug Testing Workplace Injury

Seyfarth Shaw LLP

Rhode Island Court Upholds Termination of Medical Marijuana User for Refusing a Reasonable Suspicion Drug Test

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Seyfarth Synopsis: On May 29, 2020, the Rhode Island Supreme Court affirmed dismissal of an employee’s lawsuit against his former employer after it terminated him for refusing to submit to a reasonable suspicion drug test,...more

Dentons

HR Quick Take: Workplace Injuries and Drug Tests

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Q: When an employee is injured on the job, can we drug test them? A: This is a common question posed by employers and medical review officers or treatment providers following the amendments made in 2017 to the Iowa...more

Seyfarth Shaw LLP

Illinois Amends Recreational Cannabis Law To Protect Drug Testing By Employers

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Earlier this month, Governor Pritzker signed into law SB 1557, revising the Recreational Cannabis Law to expand permissible marijuana testing and related adverse action....more

Littler

Occupational Safety and Health Administration Fall Semi-Annual Regulatory Agenda

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The Occupational Safety and Health Administration’s (OSHA) short- and long-term regulatory agendas remain busy as we close out 2019 and enter 2020. The regulatory agenda is published twice a year and sets forth the Agency’s...more

Snell & Wilmer

Construction Industry Update Regarding Marijuana: Arizona and Nevada Laws Continue to Evolve

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Employers in the construction industry, particularly multi-state operators, may face challenges with new legislation in Nevada and a new case interpreting Arizona’s medical marijuana law. ...more

Snell & Wilmer

Let’s Get Out of the Weeds; Understanding Arizona’s Medical Marijuana Laws

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Can an employer terminate the employment of a medical marijuana cardholder who tests positive after a work-related injury? A recent decision tackles this question and represents a first look at the legal issues under...more

Parker Poe Adams & Bernstein LLP

OSHA Withdraws Guidance on Accident Avoidance Incentives and Post-Accident Drug Testing

During the Obama presidency, the federal Occupational Safety and Health Administration issued interpretation memoranda that called into question the legality of common employer programs intended to reduce accident rates. This...more

Polsinelli

Clarification of OSHA Rule Regarding Drug Testing and Safety Incentive Programs

Polsinelli on

In 2016, the Occupational Safety and Health Administration (“OSHA”) published a rule (the “2016 Rule”) – found in 29 C.F.R. § 1904.35(b)(1)(iv) – related to post-incident drug testing and workplace safety incentive programs...more

Ruder Ware

October OSHA News in Brief – New Interpretation on Drug Testing and Safety Incentives, Targeting Employers Using Form 300A Data,...

Ruder Ware on

Three related developments on the OSHA front in October have implications for employers. First, OSHA has walked back its previous interpretation of the anti-retaliation rule it implemented in 2016. That rule prohibits...more

McAfee & Taft

Gavel to Gavel: Drug testing and safety rules clarified

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For years, employers assumed they were entitled to drug-test employees after they were injured or were involved in a workplace accident … then things became more uncertain. Originally published in The Journal Record |...more

Tonkon Torp LLP

OSHA's Memorandum Clarifies Anti-Retaliation Rule

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In May 2016, the Occupational Safety and Health Administration (OSHA) published a final rule adding an anti-retaliation provision that prohibits employers from retaliating against employees for reporting work-related injuries...more

Bowditch & Dewey

Combating Opioid Abuse in the Workplace - A Proactive Approach For Employers

Bowditch & Dewey on

The opioid crisis in America remains at epidemic proportions. A study from Boston Medical Center published last week estimates that 275,000 Massachusetts residents, or 4.6% percent of all adults and children older than age...more

Beveridge & Diamond PC

OSHA Issues Important Guidance for Employer Safety Incentive/Drug-Testing Programs and Forecasts Key Enforcement Targeting...

Beveridge & Diamond PC on

The Occupational Safety and Health Administration (“OSHA”) made important announcements this month regarding the electronic submission of injury and illness data. The first of these announcements took a big step back from...more

Husch Blackwell LLP

OSHA Rolls Back Guidance On Drug Testing And Incentive Programs

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OSHA announced this month that it is clarifying, and effectively rolling back, portions of the injury and illness rule guidance it issued in 2016. The decision walks back guidance that potentially penalized employers for...more

Robinson+Cole Construction Law Zone

OSHA Clarifies Position On Anti-Retaliation Rule

As all members of the construction industry know, the prevention of the occurrence of work-related injuries and illnesses is a constant concern, and one that can have serious implications for the various contractual...more

Constangy, Brooks, Smith & Prophete, LLP

OSHA Softens Approach To Safety Incentive Programs And Post-Incident Drug Testing

In May 2016, the Occupational Safety and Health Administration amended 29 CFR §1904.35 to prohibit employers from retaliating against employees for reporting work-related injuries or illnesses. This revision to the...more

Blank Rome LLP

Workplace Safety Incentive Programs and Post-Incident Drug Testing—Still Okay under OSHA but Don’t Discourage Accident Reporting

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Many employers have implemented workplace safety incentive programs in an effort to reduce time lost to injuries or illness. The programs generally reward workers for reporting near-misses or hazards and/or reward employees...more

McNees Wallace & Nurick LLC

OSHA Changes Position on Safety Incentive Programs and Post-Accident Drug Testing

The Occupational Safety and Health Administration (OSHA) has rolled back Obama-era guidance on safety incentive programs and post-accident drug testing. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Is OSHA Backtracking on the Anti-Retaliation Provisions in the Recordkeeping Regulation?

The Occupational Safety and Health Administration (OSHA) added an anti-retaliation provision to the recordkeeping regulation finalized in May 2016, and it seems as if the workplace safety and health community has not stopped...more

Jackson Lewis P.C.

New OSHA Guidance: Certain Safety Incentive Programs, Post-Accident Drug Tests Permissible

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Most safety incentive programs and post-incident drug testing policies will not be considered retaliatory and unlawful under a new Standard Interpretation from the Occupational Safety and Health Administration (OSHA). ...more

Amundsen Davis LLC

OSHA Issues Memo On Incentive Programs And Drug Testing

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On October 11, 2018, OSHA issued an additional memorandum to further clarify its position on incentive programs and drug testing. While the memorandum does not set out drastic changes to OSHA’s earlier rule and guidance, it...more

Davis Wright Tremaine LLP

Clarification of OSHA's Position on Workplace Safety Incentive Programs and Post-Incident Drug Testing

On October 11, 2018, OSHA issued interpretive guidance designed to "clarify" controversial language in the Preamble to the anti-retaliation provisions in the recordkeeping and reporting amendments adopted by the Obama OSHA...more

Jackson Lewis P.C.

OSHA Clarifies Its Position On Post-Accident Drug Testing; States That “Most Instances Of Workplace Drug Testing Are Permissible”

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In a memorandum to Regional Administrators dated October 11, 2018, OSHA clarified the agency’s position as to whether certain types of drug testing would be considered violations of 29 C.F.R. §1904.35(b)(1)(iv). That...more

Jackson Lewis P.C.

OSHA Clarifies Agency’s Position On Drug Testing And Safety Incentive Policies

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In a memorandum to Regional Administrators dated October 11, 2018, OSHA clarified the agency’s position as to whether certain drug testing policies or safety incentive programs would be considered violations of part 29 C.F.R....more

Constangy, Brooks, Smith & Prophete, LLP

Drug Testing Quiz!

What better way to start the Labor Day weekend than with a drug test? Er, I meant a quiz about drug testing. Assume that the following are all situations in which drug testing is not legally mandated by some federal law,...more

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