Tag Archives: drug testing

DOT Issues Final Rule to Add Semi-Synthetic Opioids to Drug Testing Panel to Combat Opioid Epidemic

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Written By ESR News Blog Editor Thomas Ahearn

The U.S. Department of Transportation (DOT) has issued a final rule in the Federal Register that adds four semi-synthetic opioids – hydrocodone, oxycodone, hydromorphone, and oxymorphone – to its drug testing panel for DOT regulated industries, adds methylenedioxyamphetamine (MDA) as an initial test analyte, and removes the testing for methylenedioxyethylamphetaime (MDEA), according to a DOT press release. DOT regulated employers will be required to test for these opioids starting January 1, 2018. Continue reading

Drug Testing for Opioids Expected to Increase after President Trump Declares Opioid Crisis a National Public Health Emergency

Written By ESR News Blog Editor Thomas Ahearn

On October 26, 2017, President Donald Trump officially declared “the opioid crisis a national public health emergency under federal law” and directed “all executive agencies to use every appropriate emergency authority to fight the opioid crisis” during remarks in the East Room of the White House. Continue reading

Employers Need to Use Proper Drug Testing Panels to Fight Opioid Epidemic in Workplace

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Written By ESR News Blog Editor Thomas Ahearn

Even with the dramatic rise in the use of opioids – which can include the illegal drug heroin and legally prescribed pain relievers such as OxyContin® and Vicodin® – some employers hoping to avoid hiring opioid-addicted workers through drug testing may not know the best type of drug test panel to use to uncover opioid abuse, according to an article from Talent Economy. Continue reading

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