News & Analysis as of

Employer Liability Issues Drug & Alcohol Abuse Employment Policies

Ogletree, Deakins, Nash, Smoak & Stewart,...

Complying With the ADA When Managing Employees With Alcoholism

Employers sometimes encounter intoxicated employees at work, but there are some compliance challenges under the Americans with Disabilities Act (ADA) when managing employees with alcoholism....more

FordHarrison

The U.S. Mental Health Crisis and the Workplace

FordHarrison on

Real World Impact: This is the first in a series of Alerts that will provide guidance to employers on navigating the complicated mix of concerns that can arise when dealing with employee mental health issues....more

Mitratech Holdings, Inc

[Webinar] Next Gen Drug Screening: State of the Market and Where It’s Going - April 4th, 11:00 am CST

$81 billion... That's how much the National Council on Alcoholism and Drug Dependence (NCADD) estimates drug abuse costs employers every year. Avoid paying the price and dive into the cutting-edge of drug screening...more

Stikeman Elliott LLP

Impairment in the workplace—What if “zero tolerance” is insufficient for prevention?

Stikeman Elliott LLP on

Substance abuse can pose a serious risk of accident in the workplace. Since employers have a general duty to ensure their employees’ health and safety, they must see to it that their employees do not perform their duties...more

Littler

Dear Littler: What are the substance use concerns of workplaces past, present, and future?

Littler on

Dear Littler, I’m in charge of organizing our holiday party this year. To keep things civil, we’re limiting alcohol and reminding employees that although our state has legalized the recreational use of marijuana, there...more

Troutman Pepper Locke

Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

Troutman Pepper Locke on

The Max TV series “Industry” exaggerates —and occasionally glamorizes —illicit drug use in the workplace. However, in real life, employee substance use and addiction can raise significant issues. According to the Society for...more

FordHarrison

The Opioid Epidemic and the Workplace

FordHarrison on

Executive Summary: Addiction issues, especially the ongoing opioid epidemic, can significantly impact the workplace, and employers should ensure they have policies and procedures in place to address the potential impact of...more

FordHarrison

“Animal Control”: Killer Bunnies and the War on Drugs in the Workplace

FordHarrison on

When you combine exotic and potentially dangerous animals, professional ineptitude, quirky colleague personalities, and the occasional office drug use, there is ample fodder for an employment law blog....more

Littler

Dear Littler: How Do We Handle Drug or Alcohol Impairment in the Workplace?

Littler on

Dear Littler:  We are a manufacturing company with facilities in multiple states.  We have had a number of incidents when supervisors have suspected an employee was impaired while working due to alcohol or drug use.  We are...more

Seyfarth Shaw LLP

Keep Out: How to Stop Drugs and Alcohol from Entering in the Workplace

Seyfarth Shaw LLP on

1.  Introduction - Despite the COVID-19 pandemic, drugs and alcohol remain a significant occupational safety issue for employers across the country.  The legal environment is rapidly changing for many drugs, and additional...more

Parker Poe Adams & Bernstein LLP

ADA Allows Employers to Offer ‘Last Chance' to Employees After Alcohol or Drug Violations

As an alternative to termination, employers faced with employee drug or alcohol policy violations sometimes want to give that person a second chance. Typically, this process involves a commitment by the employee to seek...more

Bass, Berry & Sims PLC

Are Employees with Alcoholism and Substance Use Disorder Protected under the ADAAA?

Bass, Berry & Sims PLC on

Managing an employee who is struggling with alcoholism or substance use disorder can be challenging for employers. While both conditions could be protected under the Americans with Disabilities Act Amendments Act (ADAAA),...more

Seyfarth Shaw LLP

Does it Violate Public Policy to Terminate a Drunk Employee? “Absolut”-ly Not

Seyfarth Shaw LLP on

Seyfarth Synopsis:  Does Pennsylvania’s public policy preclude a nuclear power plant from terminating an employee for being drunk on the job? “No,” the United States District Court for the Middle District of Pennsylvania...more

Constangy, Brooks, Smith & Prophete, LLP

Your Customers May Be Driving Your Employees To Drink

Literally. The Daily Mail has all the best employment law news. According to an article this morning, a psychology professor from Penn State conducted a study and determined that employees who have to "play nice" with...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

EEOC Continues to Focus on Disability Discrimination Affecting Individuals in Drug Rehab Programs

The Americans with Disabilities Act (ADA) recognizes that an employee or applicant who is currently engaging in the illegal use of drugs (prescription or otherwise) is not a “qualified individual” with a disability....more

K&L Gates LLP

Working Wise: Workplace Considerations Related to the Opioid Epidemic

K&L Gates LLP on

In this episode, Ryan Redekopp discusses some of the major workplace considerations related to the opioid epidemic, including potential signs that an employee might be suffering from addiction; considerations related to drug...more

Seyfarth Shaw LLP

EEOC Scrutinizes Employer Policies Regarding Prescription Drug Use

Seyfarth Shaw LLP on

The Equal Employment Opportunity Commission recently settled lawsuits with two employers it claims violated the Americans with Disabilities Act after rejecting a job applicant and terminating an employee based on their...more

Seyfarth Shaw LLP

Addressing Alcoholism In The California Workplace

Seyfarth Shaw LLP on

It has long been clear that the Americans with Disabilities Act (ADA) and California law protect employees who suffer from alcoholism if it qualifies as a “disability.” ...more

Seyfarth Shaw LLP

Iowa Lowers Standard for Positive Alcohol Tests

Seyfarth Shaw LLP on

Synopsis: Effective July 1, 2018, Iowa employers may lower their standard for alcohol tests and consider taking action against an employee with a blood alcohol concentration as low as .02....more

Bricker Graydon LLP

The alarming cost of opiates in the workplace and what you can do about it

Bricker Graydon LLP on

The direct and indirect costs associated with employees’ use of drugs, including opiates, are alarming. According to the Ohio Chamber of Commerce, impaired workers are...more

Littler

DOT Tackles the Opioid Crisis: Agency Issues Guidance on Regulations Adding Semi-Synthetic Opioids to Testing Panel

Littler on

Effective January 1, 2018, employers with employees subject to the U.S. Department of Transportation’s drug-testing regulations will face new and broader testing obligations based on a Final Rule issued in November 2017....more

Jackson Lewis P.C.

U.S. Department Of Transportation Publishes Guidance For Updating Drug And Alcohol Testing Policies

Jackson Lewis P.C. on

The drug testing panel utilized by the U.S. Department of Transportation’s operating agencies will change on January 1, 2018. (Click here to read our blog post on that change). DOT published guidance on December 1, 2017 to...more

FordHarrison

Department of Transportation Adds Four New Drugs to Testing Panel

FordHarrison on

On November 13, 2017, the Department of Transportation (DOT) announced that it is amending its drug-testing program to require testing for synthetic opioids. The new DOT regulations now harmonize with the Department of Health...more

Seyfarth Shaw LLP

DOT Amends Employee Drug Testing Requirements

Seyfarth Shaw LLP on

Seyfarth Synopsis: On November 13, 2017, the Department of Transportation amended its drug testing program regulation which, among other things, adds certain semi-synthetic opioids to its drug testing panel. ...more

Seyfarth Shaw LLP

Have Yourself a Safe, Undistracted, and Accident Free Holiday

Seyfarth Shaw LLP on

Seyfarth Synopsis: Keep your holidays happy and safe. At this time of year, with all of the joy, parties, and excitement the season brings, employers need to be especially vigilant to keep and maintain a safe workplace...more

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