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 […]

Companies should carefully consider their drug testing policies when implementing a drug testing program in the hiring process. Some jurisdictions are now considering limiting any type of drug test to post-offer. One such jurisdiction is Washington D.C. We have always suggested that testing for the illegal drugs can be performed on a pre-employment basis. Now […]

Quest Diagnostics just recently released its analysis of 7.6 million drug tests. Workforce drug test positivity rates have increased for the first time in 10 years. Marijuana and amphetamines account for a large part of the increase. “After years of declines, the prevalence of positive workforce drug tests is increasing,” said Dr. Barry Sample, director, […]

I urge you to re-think your assumption. A recently issued report from SAMHSA proves the existence of many substance abusers in our population. Even scarier is that a large portion of them are employed either full time or part time. Maybe they are in your organization? Current illegal drug users need never have the opportunity […]

And how can they keep you and your firm out of trouble? Is your firm doing drug testing? If yes, it is crucial that you have a Medical Review Officer play a major role in determining whether a “non-negative” drug test from the lab is in fact a positive drug test. A specimen is tested […]