Tag Archives: drug testing

Texas Supreme Court Rejects Claim of Compelled Self-Defamation Over Failed Drug Test

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Written By ESR News Blog Editor Thomas Ahearn

On May 26, 2017, the Texas Supreme Court delivered an opinion rejecting a claim of “compelled self-defamation” and declining to “recognize a theory of compelled self-defamation in Texas” in a case where a worker who failed a random drug test filed a lawsuit claiming defamation since he would have to report his job loss for a failed drug test to future employers. Continue reading

Massachusetts Court Rules Employers Cannot Fire Employees Using Medical Marijuana for Positive Drug Tests

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Written By ESR News Blog Editor Thomas Ahearn

On July 17, 2017, the Massachusetts Supreme Judicial Court ruled that employers cannot fire employees with prescriptions for medical marijuana – the use of which voters in the state approved in 2012 – simply for flunking drug tests and even though marijuana is still illegal to use under federal law. Continue reading

Some Employers Questioning Whether to Stop Drug Testing Job Applicants for Marijuana Use

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Written By ESR News Blog Editor Thomas Ahearn

With twenty-eight states and the District of Columbia legalizing medical marijuana, U.S. employers performing drug testing face a “conundrum” and are questioning whether they should “stop testing applicants for marijuana use now that more states have legalized it for medicinal or recreational purposes and popular acceptance of the substance has spread,” according to an article from the Society for Human Resource Management (SHRM). Continue reading

Drug Testing in Workplace Will Have to Deal with Growth of State Laws Allowing Use of Marijuana

 

Written By ESR News Blog Editor Thomas Ahearn

As of November 2016, a total of 28 U.S. states, the District of Columbia, Guam, and Puerto Rico allow for comprehensive public medical marijuana and cannabis programs, according to the National Conference of State Legislatures (NCLS) website. Some states have also passed laws allowing for the recreational use of marijuana by adults. The fact that employers performing workplace drug testing will have to deal with the rapid growth of state laws allowing the use of marijuana is Trend Number 9 in the Employment Screening Resources® (ESR) 10th annual ‘ESR Top Ten Background Check Trends’ for 2017. Continue reading

Positive Drug Tests in U.S. Workforce Rise to Highest Level in a Decade

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Written By ESR News Blog Editor Thomas Ahearn

The percentage of employees in the U.S. workforce receiving positive results in workplace drug tests has steadily increased over the last three years to reach the highest level in 10 years, according to an analysis of nearly 11 million workforce drug tests released by Quest Diagnostics. Continue reading

OSHA Electronic Accident Reporting Rule Could Affect Post-Injury Drug Testing by Employers

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Written By ESR News Blog Editor Thomas Ahearn

On May 12, 2016, the Occupational Safety and Health Administration (OSHA) issued a Final Rule in the Federal Register requiring certain employers to electronically submit injury and illness data to OSHA that they must keep under existing OSHA regulations. The rule also states that “OSHA believes the evidence in the rulemaking record shows that blanket post-injury drug testing policies deter proper reporting.” Continue reading

DOT Approves Electronic Forms for Drug Testing

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Written By ESR News Blog Editor Thomas Ahearn

A final rule that took effect on April 13, 2015 amends U.S. Department of Transportation (DOT) regulations to incorporate changes to the Substance Abuse and Mental Health Services Administration’s (SAMHSA) chain of custody and control form (CCF) approved by the Office of Management and Budget (OMB). For more information about this rule – which expands the DOT’s definition of the CCF to include both paper and electronic form – visit: Use of Electronic Chain of Custody and Control Form in DOT-Regulated Drug Testing Programs. Continue reading

New Minnesota Drug Testing Case Gives Guidance on Which State Law Controls Background Checks

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Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR)

A recurring issue for employers and background screening firms is which state law to apply when a criminal record is found in one state for a job in another state.  Confusion can be created if an applicant is offered a job in one state, but has a criminal record in another state where the reporting requirements may be different.  The proper  “choice of law” can be challenging. Continue reading

Drug Testing Index of US Workers Reveals Decline in Drug Use but Rise in Positive Tests for Prescription Drugs

The 25th anniversary Drug Testing Index™ (DTI) from Quest Diagnostics has revealed overall drug use among American workers declined 74 percent over the past 25 years but positive drug tests for drugs such as amphetamines and prescription opiates has risen dramatically. For more information about the study – released to coincide with the passage of the Drug-Free Workplace Act 25 years ago today on November 18 – visit http://www.questdiagnostics.com/home/physicians/health-trends/drug-testing. Continue reading