News & Analysis as of

Drug & Alcohol Abuse Employer Liability Issues

FordHarrison

The U.S. Mental Health Crisis and the Workplace

FordHarrison on

Real World Impact: This is the first in a series of Alerts that will provide guidance to employers on navigating the complicated mix of concerns that can arise when dealing with employee mental health issues....more

FordHarrison

A Continuing Discussion on the Opioid Epidemic and the Workplace – Part 4

FordHarrison on

Executive Summary: This is Part 4 of a series of Alerts exploring different facets of the ongoing opioid addiction crisis afflicting our country. Our initial Alert on June 12, 2023 outlined the big-picture issues associated...more

FordHarrison

EntertainHR: Leah’s Lawsuit: “Sober Curiosity” and its Impact on Workplace Culture

FordHarrison on

Whether you’ve noticed it through the media or in your own circle of friends, it’s no secret that the consumption of alcohol has been losing its popularity, and the idea of being sober or “sober curious” is trendy. Of course,...more

Mitratech Holdings, Inc

[Webinar] Next Gen Drug Screening: State of the Market and Where It’s Going - April 4th, 11:00 am CST

$81 billion... That's how much the National Council on Alcoholism and Drug Dependence (NCADD) estimates drug abuse costs employers every year. Avoid paying the price and dive into the cutting-edge of drug screening...more

FordHarrison

A Continuing Discussion on the Opioid Epidemic in the Workplace – Part 3

FordHarrison on

Executive Summary: This is Part 3 of a series of Alerts exploring different facets of the ongoing opioid addiction crisis afflicting our country. Our initial Alert on June 12, 2023 outlined the big-picture issues associated...more

Stikeman Elliott LLP

Impairment in the workplace—What if “zero tolerance” is insufficient for prevention?

Stikeman Elliott LLP on

Substance abuse can pose a serious risk of accident in the workplace. Since employers have a general duty to ensure their employees’ health and safety, they must see to it that their employees do not perform their duties...more

Littler

Dear Littler: What are the substance use concerns of workplaces past, present, and future?

Littler on

Dear Littler, I’m in charge of organizing our holiday party this year. To keep things civil, we’re limiting alcohol and reminding employees that although our state has legalized the recreational use of marijuana, there...more

FordHarrison

Continuing Discussion on the Opioid Epidemic in the Workplace – Part 2

FordHarrison on

Executive Summary:  This is the second of multiple Alerts exploring different facets of the ongoing opioid addiction crisis afflicting our country.  Our June 12, 2023 Alert outlined the big-picture issues associated with this...more

Troutman Pepper

Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

Troutman Pepper on

The Max TV series “Industry” exaggerates —and occasionally glamorizes —illicit drug use in the workplace. However, in real life, employee substance use and addiction can raise significant issues. According to the Society for...more

FordHarrison

A Continuing Discussion on the Opioid Epidemic and the Workplace – Part 1

FordHarrison on

Executive Summary: As promised, this is the first of multiple Alerts that will explore the details of the ongoing opioid epidemic, identify relevant issues for employers to analyze, and provide suggestions on how to...more

DirectEmployers Association

DE Talk | Uncovering the Non-Traditional Workforce: Recruiting & Retaining Talent in Addiction Recovery

DE Talk | Uncovering the Non-Traditional Workforce: Recruiting & Retaining Talent in Addiction Recovery Season 5 • Episode 1 It’s estimated that between 22-28 million Americans live in recovery from substance abuse but...more

FordHarrison

The Opioid Epidemic and the Workplace

FordHarrison on

Executive Summary: Addiction issues, especially the ongoing opioid epidemic, can significantly impact the workplace, and employers should ensure they have policies and procedures in place to address the potential impact of...more

FordHarrison

“Animal Control”: Killer Bunnies and the War on Drugs in the Workplace

FordHarrison on

When you combine exotic and potentially dangerous animals, professional ineptitude, quirky colleague personalities, and the occasional office drug use, there is ample fodder for an employment law blog....more

Littler

Dear Littler: How Do We Handle Drug or Alcohol Impairment in the Workplace?

Littler on

Dear Littler:  We are a manufacturing company with facilities in multiple states.  We have had a number of incidents when supervisors have suspected an employee was impaired while working due to alcohol or drug use.  We are...more

Littler

Ontario, Canada Publishes Regulation on Naloxone Kit Requirement

Littler on

As discussed, on December 8, 2022, Ontario proclaimed in force amendments to the Occupational Health and Safety Act made in Bill 88, Working for Workers Act, 2022. The amendments, which require certain employers to have...more

Littler

Ontario, Canada: Occupational Health and Safety Act Amendments Requiring Certain Employers to Have Naloxone Kits Proclaimed in...

Littler on

On December 8, 2022, Ontario proclaimed in force amendments to the Occupational Health and Safety Act (OHSA) made in Bill 88, Working for Workers Act, 2022.  The amendments, which require certain employers to have naloxone...more

Foley & Lardner LLP

Addiction and Substance Abuse in a Post-COVID Era: Navigating Stormy Employment Waters

Foley & Lardner LLP on

As employees continue returning to work in a post-pandemic era, employers are facing new and difficult challenges on a scale not experienced prior to March 2020. In particular, the COVID-19 pandemic has coincided with...more

Seyfarth Shaw LLP

Keep Out: How to Stop Drugs and Alcohol from Entering in the Workplace

Seyfarth Shaw LLP on

1.  Introduction - Despite the COVID-19 pandemic, drugs and alcohol remain a significant occupational safety issue for employers across the country.  The legal environment is rapidly changing for many drugs, and additional...more

Parker Poe Adams & Bernstein LLP

ADA Allows Employers to Offer ‘Last Chance' to Employees After Alcohol or Drug Violations

As an alternative to termination, employers faced with employee drug or alcohol policy violations sometimes want to give that person a second chance. Typically, this process involves a commitment by the employee to seek...more

Littler

Bureau of Labor Statistics Releases Census of Fatal Occupational Injuries Report

Littler on

On December 17, 2019, the Bureau of Labor Statistics (BLS) released its Census of Fatal Occupational Injuries Report for 2018....more

Bass, Berry & Sims PLC

Are Employees with Alcoholism and Substance Use Disorder Protected under the ADAAA?

Bass, Berry & Sims PLC on

Managing an employee who is struggling with alcoholism or substance use disorder can be challenging for employers. While both conditions could be protected under the Americans with Disabilities Act Amendments Act (ADAAA),...more

McNees Wallace & Nurick LLC

Compliance Reminder: U.S. Department of Transportation Drug and Alcohol Clearinghouse For Commercial Drivers Takes Effect January...

Employers of drivers who hold commercial driver’s licenses (CDL) have been subject to U.S. Department of Transportation drug and alcohol testing requirements for over twenty-five years....more

Seyfarth Shaw LLP

Does it Violate Public Policy to Terminate a Drunk Employee? “Absolut”-ly Not

Seyfarth Shaw LLP on

Seyfarth Synopsis:  Does Pennsylvania’s public policy preclude a nuclear power plant from terminating an employee for being drunk on the job? “No,” the United States District Court for the Middle District of Pennsylvania...more

Robins Kaplan LLP

Financial Daily Dose 9.12.2019 | Top Story: Purdue Pharma Reaches Tentative Comprehensive Opioid Crisis Settlement

Robins Kaplan LLP on

The White House is reportedly nearing a nationwide ban on most flavored e-cigarettes, a direct response to the recent spate of vaping-related illnesses that have affected hundreds across the country....more

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

Does Asking About Employee’s Alcohol Use Violate the ADA?

In Lansdale v. UPS Supply Chain Solutions, Inc., No. 16-4106 (July 23, 2019), the United States District Court for the District of Minnesota concluded that a jury had sufficient evidence to find that an employer’s discharge...more

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