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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
Over the last few years, the drug testing landscape in the workplace has changed drastically. With the legalization of marijuana in some states and the decriminalization of drugs in others, it can be challenging to build a...more
The Alberta Court of Queen's Bench has recently issued a decision that provides guidance regarding the contractual right of a non-unionized employer to implement randomized drug and alcohol testing. ...more
A federal court in Rhode Island allowed a former employee to proceed with her lawsuit alleging that the employer violated state law when it terminated her employment after a positive breath alcohol test. Stafford v. CSL...more
2020 is on the horizon, and employers must be ready to comply with many new developments in the world of workplace drug and alcohol testing. Here is a summary of significant laws that will take effect in 2020 (and some that...more
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
Beginning July 1, 2018, private employers in Iowa may take action based on an employee’s alcohol test result of .02 grams of alcohol per two hundred ten liters of breath. The lower standard was enacted under a 2018 amendment...more
A recent decision from the Ontario Superior Court of Justice may pave the way for random alcohol and drug testing in the workplace. However, the final word is yet to come from a long-anticipated decision from an Ontario...more
When counseling a new client, I normally ask if they have a written drug and alcohol testing policy. If the company is fairly large, it normally has such a policy. I do, however, occasionally receive a response from smaller...more
The Americans with Disabilities Act of 1990, as amended (ADA) considers alcoholism to be a “disability.” Individuals who suffer from alcoholism are entitled to the protections of the ADA just as those with significant mental...more
Everybody agrees that drug and alcohol use in the workplace is a serious safety issue. And when it comes to safety, unions understandably press employers to manage any issues and hold them accountable in doing so. But, when...more