Governor Andrew M. Cuomo today announced the launch of a newly upgraded web-based search tool to help connect New York State residents struggling with addiction to treatment. The OASAS Treatment Availability Dashboard application allows New Yorkers to access any service in the New York State Office of Alcoholism and Substance Abuse Services continuum of care,
Federal Court Upholds NLRB Decision Finding That Employee Had Right To Physical Presence of Union Representative Before Consenting To Drug Test
A federal appeals court upheld November 16, 2016 the decision of the National Labor Relations Board (NLRB) that an employer violated Section 8(a)(1) of the National Labor Relations Act by denying an employee the right to the physical presence of a union representative before consenting to take a drug test, and by discharging him for
Seven States Pass New Marijuana Laws On Election Day
Election Day 2016 saw voters approve new marijuana laws in seven states. There are now a total of 28 states (plus the District of Columbia) with medical marijuana laws and 8 states (plus the District of Columbia) with recreational marijuana laws. Arizona’s proposed recreational marijuana law did not pass. Read the full article on Jackson
OSHA Publishes Guidance For Conducting Post-Accident Drug And Alcohol Testing Without Violating The Electronic Recordkeeping Rule’s Retaliation Provision
The Occupational Safety and Health Administration published a memorandum on October 19, 2016 that explains statements made about post-accident drug and alcohol testing in its commentary to the Electronic Recordkeeping Rule, i.e., “Improve Tracking of Workplace Injuries and Illnesses,” which was published in May. Among other things, the rule prohibits retaliation against employees
Eight States Will Vote On New Marijuana Laws On Election Day 2016
Currently, twenty-five states and the District of Columbia have medical marijuana laws, while four states and the District of Columbia have legalized marijuana for recreational use. On Election Day 2016, eight more states will consider adopting such laws. Here is a brief summary of those proposed laws, focusing on the implications for employers:
Medical Marijuana
DEA Classifies U-47700, or “Pink”, As A Schedule I Drug
The Drug Enforcement Administration (“DEA”) announced September 7, 2016 that it intends to temporarily schedule the synthetic opioid known as U-47700 on Schedule I of the federal Controlled Substances Act because it poses an imminent hazard to the public safety. A final scheduling order will be made on or after October 7, 2016. Schedule I
New Survey Shows Positive Workplace Drug Test Results Are On The Rise, Especially For Heroin, Marijuana and Amphetamines
According to a new study published by Quest Diagnostics today, positive workplace drug test results have been increasing steadily every year since 2011, and made up 4% of all workplace drug test results in 2015. The Quest Diagnostics Drug Testing Index — an annual survey of workplace drug test results — examined nearly 11 million
Bus Mechanic Who Uses Adderall for ADHD Can Proceed with Disability Discrimination Claims
A federal district court in the District of Columbia has allowed a bus mechanic to proceed with claims of disability discrimination and retaliation, after he was fired for using Adderall to treat Attention Deficit Hyperactivity Disorder (“ADHD”). McFadden v. Washington Metropolitan Area Transit Authority, CV-12-940 (D.D.C. September 2, 2016).
McFadden was hired by WMATA as
FDA Warns Against Mixing Opioid Medications and Benzodiazepines
As part of the federal government’s efforts to address the opioid abuse epidemic, the U.S. Food and Drug Administration (“FDA”) issued a safety announcement on August 31, 2016, advising against the mixture of opioid medications and benzodiazepines. Specifically, a FDA review found that combining opioid medicines with benzodiazepines or other drugs that depress the central
DEA Denies Petitions To Reschedule Marijuana But Will Authorize More Marijuana Manufacturing To Foster Research
The federal Drug Enforcement Administration announced August 11, 2016 that it denied two petitions to reschedule marijuana under the Controlled Substances Act (CSA). In addition, DEA announced a policy change designed to foster research by expanding the number of DEA-registered marijuana manufacturers, and issued a statement of principles concerning industrial hemp.
The CSA categorizes drugs