News & Analysis as of

Drug Testing New Guidance

Jackson Lewis P.C.

NJ Cannabis Regulatory Commission Publishes Guidance For Employers To Address Marijuana Impairment

Jackson Lewis P.C. on

The New Jersey Cannabis Regulatory Commission published guidance on September 9, 2022, for employers to address marijuana impairment in the workplace. The guidance does not, however, provide the long-awaited certification...more

Genova Burns LLC

High Maintenance: The NJ Cannabis Regulatory Commission Rolls Out Long-Awaited Guidance On Drug Testing, Discipline, & Cannabis In...

Genova Burns LLC on

Employers, note that the Guidance from the New Jersey Cannabis Regulatory Commission (the Commission) is only a temporary gap-fill. The Commission has yet to issue standards on the required certification process for those...more

Cole Schotz

New York Department Of Labor Now Effectively Bans Employers From Conducting Cannabis Drug Testing On Most Employees

Cole Schotz on

On October 8, 2021, the New York State Department of Labor (“NYDOL”) issued new guidance, largely in the form of Frequently Asked Questions (the “Guidance”), reflecting employment protections provided to cannabis users under...more

Mintz - Employment Viewpoints

NYSDOL Issues Guidance Regarding Employee Use of Cannabis

The New York State Department of Labor (NYSDOL) has published guidance regarding employee cannabis use. We previously reported on the amendments to New York’s off-duty conduct law—New York Labor Law Section 201-D—which now...more

Harris Beach PLLC

NYSDOL Issues Guidance Regarding the Legalization of Cannabis and the Workplace

Harris Beach PLLC on

On October 8, 2021, the New York State Department of Labor (“NYSDOL”) issued “Frequently Asked Questions” (“FAQs”) to address common situations and questions relating to the legalization of adult-use cannabis and its effect...more

ArentFox Schiff

Managing Medical Marijuana at Workplace Amid Evolving State and Local Law

ArentFox Schiff on

Since California first legalized medical marijuana in 1996, approximately thirty-two other states and the District of Columbia have followed its lead and approved marijuana use for medical purposes. Introduction [1] - ...more

McAfee & Taft

EEOC issues guidance on opioids and the Americans with Disabilities Act

McAfee & Taft on

It is no secret that America is in the midst of an opioid addiction crisis. It has been for quite awhile. A recent study revealed that in 2018 there were 128 deaths from opioid overdose per day in United States. A startling...more

Ballard Spahr LLP

EEOC Issues New Guidance on Opioid Use and the ADA

Ballard Spahr LLP on

The Equal Employment Opportunity Commission issued two sets of guidance last week, one to employees and one to health care providers, addressing various issues under the Americans with Disabilities Act relating to reasonable...more

Hinshaw & Culbertson - Employment Law...

EEOC Issues Guidance on Opioid Use and Accommodation in the Workplace

The U.S. Equal Employment Opportunity Commission (EEOC) issued two technical assistance documents on opioid-related disability issues and reasonable accommodation. The first document (Guidance) employs a question and answer...more

Fisher Phillips

EEOC Issues New Workplace Guidance On Opioid Use And Reasonable Accommodation Considerations

Fisher Phillips on

The Equal Employment Opportunity Commission recently released two new technical assistance documents that address issues concerning the employment provisions of the Americans with Disabilities Act in relation to the use of...more

Proskauer - Law and the Workplace

EEOC Releases Guidance on Employee Opioid Use and the ADA

The Equal Employment Opportunity Commission (“EEOC”) has released new informal guidance directed at employees regarding use of opioids and employer obligations under the Americans with Disabilities Act (“ADA”). The EEOC also...more

Jackson Lewis P.C.

EEOC Issues Guidance On Opioid Addiction In Employment

Jackson Lewis P.C. on

The U.S. Equal Employment Opportunity Commission (EEOC) issued two technical assistance documents on August 5, 2020, addressing accommodation issues under the Americans with Disabilities Act (ADA) for employees who use opioid...more

Littler

DOT Guidance on Drug/Alcohol Testing During Pandemic is Not What Regulated Transportation Employers Had Hoped For

Littler on

On March 23, 2020, the U.S. Department of Transportation issued Guidance on compliance with DOT drug/alcohol testing regulations for employers concerned about their ability to meet regulatory testing requirements during the...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

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

Stinson LLP

OSHA Clarifies Position on Safety Incentive Programs and Post-Incident Drug Testing

Stinson LLP on

On October 11, 2018, the Occupational Safety and Health Administration (OSHA) issued a memorandum entitled Clarification of OSHA's Position on Workplace Safety Incentive Programs and Post-Incident Drug Testing Under 29 C.F.R....more

Littler

About Face: OSHA Clarifies that Safety-Incentive Programs and Post-Incident Drug/Alcohol Testing ARE Permissible

Littler on

On October 11, 2018, in an about-face on prior guidance, the Occupational Safety and Health Administration (OSHA) issued a significant Standard Interpretation Memorandum regarding safety-incentive programs and post-incident...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

Fisher Phillips

OSHA OKs Drug Testing and Incentive Programs ... Sort of

Fisher Phillips on

OSHA Rolls Back Enforcement of Anti-Retaliation Provisions! Yesterday, the U.S. Occupational Health and Safety Administration (“OSHA”) issued a standard interpretation clarifying its position on the new recordkeeping rule’s...more

FordHarrison

End of the Year Updates from the Department of Transportation and Federal Aviation Administration

FordHarrison on

The Department of Transportation (DOT) and Federal Aviation Administration (FAA) published a flurry of announcements to close out 2017. In addition to recapping several previous publications, the FAA released a new Advisory...more

BCLP

OSHA Issues Awaited Guidance Concerning Injury Reporting and Anti-Relation Obligations, Yet Leaves Unanswered Questions for...

BCLP on

For many years the Occupational Safety and Health Administration (OSHA) has expressed significant concerns regarding its belief that regulated employers have been underreporting employee injuries or illnesses to OSHA and even...more

Sherman & Howard L.L.C.

OSHA Issues “Guidance” on New Anti-Retaliation Rules – Is Employee Drug Testing Now Off The Table?

Sherman & Howard L.L.C. on

On October 19, 2016, OSHA issued guidance with respect to certain controversial provisions of its new anti-retaliation rules, originally published on May 12, 2016. As we have previously discussed, OSHA’s new rules prohibit...more

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