Posts Tagged ‘drug testing’

OSHA clarifies permissibility of post-accident drug testing, safety incentive programs

For years, employers assumed they were entitled to drug-test employees after they were injured or were involved in a workplace accident … then things became more uncertain. When the Occupational Safety and Health Administration first announced it viewed post-accident drug testing as potentially unlawful a couple of years ago, employers and business groups filed lawsuits…

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Medical Marijuana

Medical Marijuana: An Action Plan for Employers

On June 26th, Oklahoma voters approved the legalization of medical marijuana by a 57% majority. The law, which is set to go into effect in late July, presents an all-new challenge in the workplace: balancing the rights of employees who possess a valid medical marijuana license with the needs of employers to maintain a safe, drug-free environment.

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Medical Marijuana in the Oklahoma Workplace

Charlie Plumb Kirk Turner On June 26, 2018, Oklahomans will go to the polls to vote on whether medical marijuana should be legalized in the state. While State Question 788 addresses several key questions regarding the treatment of employees and job applicants who possess a valid medical marijuana license, many other questions remain as to…

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OSHA delays enforcement of limitations on post-accident drug testing

In previous articles, we discussed the Occupational Safety and Health Administration’s (OSHA) new rule regarding the reporting of workplace injuries and illnesses. One part of the rule requires employers to electronically submit injury and illness data. This portion of the rule is set to go into effect on January 1, 2017. Rule’s anti-retaliation provisions delayed…

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OSHA further delays enforcement of post-accident testing ban

In a previous article, we outlined the Occupational Safety and Health Administration’s (OSHA) new final rules regarding the reporting of workplace injuries and illnesses. These rules include a substantial limitation on an employer’s ability to conduct post-accident drug and alcohol testing. As announced, post-accident testing would be limited to instances where an employer could demonstrate…

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OSHA prohibition on post-accident testing requires immediate action by employers

One of the most common matters that we assist our clients in understanding is the set of legal parameters under which an employer can conduct employee drug and alcohol testing. For a variety of reasons, we encourage employers to conduct testing, including pre-employment testing, for-cause testing, post-accident testing and others. While there may be moral…

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DRUG/ALCOHOL TESTING » Federal agency proposes clearinghouse for commercial driver drug test results

Employers who hire commercial drivers may not know if an applicant under consideration has a past history of positive drug or alcohol tests. Currently, the employer can only rely on information about earlier test results that is volunteered by the individual applying for the driving job.  If a new rule proposed by the U.S. Department of Transportation…

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