New York State Legalizes Recreational Use of Marijuana Away from Workplace

Written By ESR News Blog Editor Thomas Ahearn On March 31, 2021, New York Governor Andrew Cuomo signed into law the Marijuana Regulation and Taxation Act (MRTA) which, effective immediately, legalized the recreational use of marijuana products for adults in the state aged 21 or older, according to a news release on the website of …

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New Jersey Recreational Marijuana Law Affects Workplace Drug Testing

Written By ESR News Blog Editor Thomas Ahearn On February 22, 2021, New Jersey Governor Phil Murphy signed “The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (CREAMMA) into law to legalize and regulate marijuana use and possession for adults 21 years and older, according to a press release from the Governor. “Our …

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Bill Prohibits Discriminating Against Applicants for Positive Marijuana Tests

Written By ESR News Blog Editor Thomas Ahearn On February 19, 2021, California Assembly Member Bill Quirk (D-Hayward) introduced Assembly Bill 1256 (AB 1256), a bill that would prohibit employers from discriminating against a person in hiring, termination, or any condition of employment due to the fact that a drug test has found that person …

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FMCSA Records Over 56,000 Truck Driver Drug and Alcohol Violations in 2020

Written By ESR News Blog Editor Thomas Ahearn The Federal Motor Carrier Safety Administration (FMCSA) – an administration within the U.S. Department of Transportation (DOT) with a mission to reduce crashes, injuries, and fatalities involving large trucks and buses – has released a report that shows more than 56,000 drug and alcohol violations were recorded …

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NBA Suspends Randon Drug Testing for Marijuana in 2020-2021 Season

Written By ESR News Blog Editor Thomas Ahearn The National Basketball Association (NBA) and the National Basketball Players Association (NBPA) have agreed to temporarily suspend the random drug testing of NBA players for marijuana in the 2020-21 season that is scheduled to begin on December 22, 2020, according to a statement from NBA spokesperson Mike …

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U.S. Workforce Drug Testing Positivity Climbs to Highest Rate in 16 Years

Written By ESR News Blog Editor Thomas Ahearn The rate of urine drug testing positivity in the combined U.S. workforce increased to a sixteen-year high in 2019, climbing to 4.5 percent, the highest level since 2003 and more than 28 percent higher than the thirty-year low of 3.5 percent recorded between 2010 and 2012, according …

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EEOC Releases Two Guidance Documents on Opioid Addiction and Employment

Written By ESR News Blog Editor Thomas Ahearn On August 5, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) released two technical assistance documents that addressed concerns about the opioid addiction epidemic and the employment provisions of the Americans with Disabilities Act of 1990 (ADA), according to a press release from the EEOC. The two …

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FMCSA Relaxing Random Drug Testing Requirements Due to COVID-19

Written By ESR News Blog Editor Thomas Ahearn On July 6, 2020, the Federal Motor Carrier Safety Administration (FMCSA) published a “Notice of Enforcement Discretion Determination” that stated the FMCSA “may exercise discretion to determine not to enforce the minimum annual percentage random testing rates for drugs and alcohol” due to the COVID-19 pandemic. The …

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New York City Marijuana Drug Testing Ban Takes Effect May 10, 2020

Written By ESR News Blog Editor Thomas Ahearn On May 10, 2020, a law passed by the New York City Council – Int. No. 1445-A – will take effect and prohibit employers in New York City from requiring prospective employees to submit to drug testing for the active ingredient in marijuana, tetrahydrocannabinols (THC), in their …

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FMCSA Drug and Alcohol Clearinghouse Identifies Nearly 8,000 Positive Substance Abuse Tests of Commercial Drivers

Written By ESR News Blog Editor Thomas Ahearn On February 21, 2020, the Federal Motor Carrier Safety Administration (FMCSA) released data gathered from its Commercial Driver’s License Drug and Alcohol Clearinghouse and the information showed that the Clearinghouse had detected and identified nearly 8,000 positive substance abuse tests of commercial drivers since it became operational …

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