Often we get questions from clients operating in multi-states concerning which state’s drug testing law apply in a given situation. Recently a federal appeals court in Minnesota has held that the Minnesota drug testing statute applies to an applicant tested in Minnesota, even though the applicant was being hired for a job in another state.  Olson […]

I would like to showcase how drug testing done correctly can provide a defense against wrongful termination. This case kevin lee angel vs lisbon mining company 0 centered on a violation of the Americans with Disabilities Act (ADA). It involved the plaintiff’s use of legal drugs while in a safety-sensitive position with his employer. The […]

Should your firm follow the Fair Credit Reporting Act (FCRA) guidelines when it comes to disclosures, authorization for drug testing and adverse action because of a positive drug test? And the answer is………It Depends. While many organizations include a drug test in the background investigation process, a drug test is not necessarily the same as a […]

We often get questions about using hair as a specimen for testing for illegal drugs. An article on the GobyTruck web site summarizes  some of the negative issues of using hair as a specimen lists some of the problems with using hair as a specimen for drug testing. And it lists reasons why hair testing […]

You either have a random drug and alcohol testing program (random test) or you don’t. Is your firm in the habit of selecting an employee, who you suspect of being impaired, for a random test selection? I was recently explaining the advantages of a random testing program to a company. (In a prior blog post […]