We get many questions from employers about drug testing for marijuana in states where marijuana is legal. Employers should remember two things. So far, an employer’s right to take action against a worker under the current influence has not been overruled. And, just because alcohol is a legal substance that doesn’t mean an employer needs […]

Does your firm have a policy for post-accident drug and alcohol testing? For those firms that do not, direct your attention to Quest Diagnostic’s analysis of more than 5.6 million drug tests in 2013 in the table below. That analysis shows that 5.9% of the tests for this reason were positive. And, this includes only […]

 You have an employee in your workplace using marijuana for medical purposes. How do you react? Whenever I do a seminar and the topic turns to drug testing, inevitably the question of what to do in a state that allows medical marijuana arises. So, let’s address it through the lens of an actual question that […]

It has been estimated that drug test cheating occurs on up to 5% of drug tests, perhaps more. If you search the web using the term “cheat your drug test”, virtually thousands of web sites will show. And, virtually all deal with how to cheat a urine drug test. There are relatively few on how […]

Dura Automotive Systems (Dura) used drug test results to manage “anticipated” poor performance of employees operating machinery. We believe that Dura made a number of mistakes that we would like to highlight in this post. The entire case can be read here. First, some Background from the Bates v. Dura Automotive lawsuit: “In 2007, Dura […]