News & Analysis as of

Workplace Injury Drug Testing

Bricker Graydon LLP

[Event] Marijuana in the Workplace - March 20th, West Chester Township, OH

Bricker Graydon LLP on

How have the rules changed since Ohio legalized recreational marijuana? Can you still drug test? Can you test for reasonable suspicion? What if someone gets hurt at work? What if they test positive but say it’s because they...more

Jackson Lewis P.C.

U.S. Workforce Positive Post-Accident Marijuana Drug Test Rates Reach Twenty-Five Year High

Jackson Lewis P.C. on

A Quest Diagnostics analysis published on May 18, 2023 found that positive post-accident marijuana tests were at the highest level in 25 years in 2022. Positive post-accident tests increased to 7.3%, an increase of 9%...more

Parker Poe Adams & Bernstein LLP

Does Reasonable Suspicion Marijuana Testing Make Sense for Employers?

As more states legalize the use of marijuana for medical or recreational purposes, employers in states such as North Carolina and South Carolina that have not relaxed their cannabis laws are asking under what circumstances...more

Cole Schotz

Cannabis Testing in the New Jersey Workplace Just Got a Little Less Hazy

Cole Schotz on

On September 9, 2022, the New Jersey Cannabis Regulatory Commission (“CRC”) issued interim guidance (the “Guidance”) for employers regarding the employment protections passed for cannabis users last year pursuant to the New...more

Chartwell Law

Pennsylvania Employers – Now is a Good Time to Review Your Post-Injury Drug Testing Policies and Procedures

Chartwell Law on

A recent Commonwealth Court decision addressed an employee’s entitlement to Pennsylvania workers’ compensation wage loss benefits after his employment was terminated for noncompliance with the employer’s post-injury...more

Dentons

HR Quick Takes: Injured Employee Drug Test

Dentons on

Q: If I didn’t ask for a drug test of an injured employee but the doctor did one, can I still use that in making an employment decision?  A: Yes, in general. Iowa Code 730.5, a very specific drug testing statute, does...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Dentons on

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

Seyfarth Shaw LLP on

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

Littler on

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

McAfee & Taft

Injured employee testing positive for marijuana awarded workers’ compensation benefits

McAfee & Taft on

With Oklahoma’s new medical marijuana laws, employers will be facing more workplace questions involving marijuana. A recent Oklahoma Court of Civil Appeals decision awarding workers’ compensation benefits to an injured...more

Snell & Wilmer

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

Snell & Wilmer on

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

Jackson Lewis P.C.

Drug Testing & Safety Incentive Rulemaking On Long Term Regulatory Agenda For OSHA

Jackson Lewis P.C. on

It’s that time of year again…when federal agencies, including OSHA, tell us what is on the horizon for rulemaking activity. This week the spring semiannual regulatory agenda for federal agencies was published. This...more

Snell & Wilmer

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

Snell & Wilmer on

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

Bowditch & Dewey

OSHA 180°? Agency Clarifies its Position on Workplace Safety Incentive Programs and Drug Testing Policies

Bowditch & Dewey on

The U.S. Occupational Health and Safety Administration (“OSHA”) recently issued a Standard Interpretation memorandum (the “New Guidance”) to clarify the agency’s position on whether workplace safety incentive programs and...more

McAfee & Taft

OSHA clarifies permissibility of post-accident drug testing, safety incentive programs

McAfee & Taft on

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....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

Laner Muchin, Ltd.

OSHA Clarifies Its Position On Drug Testing And Safety Incentive Policies

Laner Muchin, Ltd. on

In a Memorandum to Regional Administrators dated October 11, 2018, OSHA provided further guidance on whether certain drug testing policies or safety incentive programs would violate OSHA’s anti-retaliation standard. In its...more

McAfee & Taft

Gavel to Gavel: Drug testing and safety rules clarified

McAfee & Taft on

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

Tonkon Torp LLP on

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

Husch Blackwell LLP on

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

132 Results
 / 
View per page
Page: of 6

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide