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

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 …

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

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 …

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

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 …

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

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 …

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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 …

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

  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.

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

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 …

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Colorado Supreme Court Rules Employers Can Fire Workers for Medical Marijuana Use

  Written By ESR News Blog Editor Thomas Ahearn The Colorado Supreme Court in a 6-0 decision has affirmed the rulings of lower courts that employers can fire employees for the use of off-duty medical marijuana, according to a report by The Denver Post.

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DOT Approves Electronic Forms for Drug Testing

  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). …

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

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 …

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