The Department of Justice (DOJ) has asked the U.S. Supreme Court to refrain from reviewing a pair of recent decisions made by Minnesota’s Supreme Court denying two workers’ requests for reimbursement of medical marijuana. Attorneys for both workers submitted requests asking the U.S. Supreme Court to review the cases and provide guidance for lower courts, […]
With more than 100,000 deaths in 12 months, drug overdose deaths in the U.S. were at their highest point ever in 2021, yet on the flip side, marijuana legalization continues in many states. And while legalization of marijuana isn’t the cause of the drug overdose problem, it does beg the question: Does legalization of a […]
Is use of CBD oil, and a subsequent positive marijuana drug test, protected under the Americans with Disabilities Act (ADA)? A federal court says no. The U.S. District Court for the Southern District of Indiana dismissed an employee’s ADA discrimination suit because it’s not logical to assume an employer who conducts drug testing believes that […]
Positive drug test results in the workplace reached the highest rate in two decades in 2021, according to Quest Diagnostics’ annual Drug Testing Index. The rate of positive drug test results in the U.S. workforce reached its highest last year since 2001, the report states. Positive test result rates were up more than 30% in […]
A rule proposed by the U.S. Department of Transportation (DOT) could add a new type of drug test for transportation employees covered by federal regulations. The notice of proposed rulemaking was published in the Federal Register Feb. 28, and would see the addition of oral fluid drug testing to combat employee cheating on urine drug […]
Whether an accommodation for a medical marijuana user is reasonable is a factual determination that should be decided on a case-by-case basis rather than a conclusion based on marijuana being illegal under federal law, the Supreme Court of New Hampshire said in a Jan. 14 decision. The court reversed a lower court decision dismissing a […]
Q: Marijuana is one of the most frequently reported drugs found in post-crash testing. Is there anything I can do to ensure my non-CDL drivers aren’t using? A: In short, there are still plenty of things that can be done in most states to discourage employees who drive from using marijuana. According to the U.S. […]
Drug overdose deaths topped 100,000 during the pandemic, leading the National Safety Council (NSC) to turn this statistic into an “aggressive wake-up call” to motivate employers to take action for the health and safety of their workers. The NSC identified the employer’s role as a universal gap in addressing misuse of drugs, with 75% of […]
Knowing what to do to ensure workers aren’t in danger from someone’s impairment due to marijuana use has become more complicated as states pass their own laws without uniformity. Here is some of the latest information on the situation to turn “complicated” into “manageable.” Recreational marijuana is now legal in 17 states and Washington, DC. […]
