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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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 …

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Workplace Drug Testing More Common Among African American Workers Study Finds

African American workers are 17 percent more likely than white workers to report working for employers that perform workplace drug testing, according to a study from the Yale School of Medicine published in the Early View of the American Journal on Addictions available at http://onlinelibrary.wiley.com/doi/10.1111/j.1521-0391.2013.12109.x/abstract.

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Marijuana Legalization Legislation Passed in Colorado and Washington Could Affect Workplace Drug Testing

Legislation legalizing recreational marijuana use that passed in two states on Election Day November 6, 2012 – Colorado Amendment 64 and Washington Initiative 502 – would legalize and regulate production, possession, and distribution of marijuana for persons age 21 and older and could affect drug testing by employers in the workplace, according to the eNewsletter …

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Background Check Avoided by Janitor Arrested on Drug Charges

An Elementary School janitor who was arrested after a drug round up by police agencies had avoided undergoing any background checks by the Beaumont Independent School District (BISD) that may have uncovered past drug charges because he was hired prior to 2008, according to a report from KMBT 12 News in Beaumont, Texas.

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SHRM Study Finds More than Half of Employers Favor Drug Testing Job Applicants

A recently released study examining the use of drug testing programs by employers conducted by the Society for Human Resource Management (SHRM) and commissioned by the Drug and Alcohol Testing Association (DATIA) found that more than half of employers (57 percent) conduct drug tests on all job candidates.

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Studies Show Drugs in Workplace Cost Employers Billions and Small Businesses Employ More Drug Users but Drug Test Less

According to statistics from recent studies on drug abuse by American workers, workplace drug and alcohol abuse may potentially cost U.S. businesses an estimated $100 billion each year and smaller businesses are more vulnerable to drug use in the workplace but drug tested less than larger businesses. In addition, statistics showed that a majority of …

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Court Finds One Strike Rule Drug Test Policy for Employment Screening Does Not Violate Americans with Disabilities Act

According to a recent ruling from the 9th U.S. Circuit Court of Appeals, a hiring policy that permanently disqualifies job candidates from future employment for failing a so-called ‘one strike rule’ drug test that eliminates from consideration job applicants who test positive for drug or alcohol use during the pre-employment screening process does not violate …

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