Drug and alcohol abuse remains a persistent problem in America’s workplaces.  Substance abuse increases the risk of accidents, lowers productivity, raises insurance costs and reduces profits.   Jackson Lewis’ Drug Testing and Substance Abuse Management Practice Group assists employers in managing these problems effectively and in accordance with federal, state and local laws.  We:

  • Assist employers in determining whether they are legally required to conduct drug and alcohol testing, or whether it is beneficial to conduct testing, including pre-employment, reasonable suspicion, post-accident, random, pre-access, customer-required, return-to-duty and follow-up testing (among others);
  • Prepare substance abuse policies that comply with the laws in all fifty states, Puerto Rico and Guam, as well as municipal drug testing ordinances;
  • Prepare substance abuse policies that comply with the regulations of the U.S. Department of Transportation and its operating agencies (including the Federal Motor Carrier Safety Administration, the Federal Aviation Administration, the Pipeline and Hazardous Materials Safety Administration; the Federal Transit Administration; the Federal Railway Administration and the U.S. Coast Guard);
  • Advise employers on the procedural aspects of testing, such as the selection of drugs to be tested, the testing devices and methods to be used, and the specimens to be tested (urine, hair, blood, breath, oral fluid);
  • Guide employers through the legal obligations associated with medical leaves related to drug and alcohol dependence and the preparation of Agreements governing the terms of such leaves, including any return-to-duty and follow-up drug and alcohol testing requirements;
  • Defend employers in litigation arising from drug and alcohol test results and other substance abuse issues;
  • Advise federal and state contractors about their obligations under the federal and state Drug-Free Workplace Acts;
  • Conduct supervisory training on drug and alcohol policies and making “reasonable suspicion” determinations;
  • Review employee handbook provisions addressing workplace drug and alcohol issues;
  • Integrate an employer’s drug and alcohol testing program with its safety programs and OSHA compliance, as well as leave management programs and collective bargaining obligations for unionized employees;
  • Analyze employers’ job descriptions to determine which positions are “safety-sensitive” for purposes of certain drug testing laws;
  • Counsel employers on reducing workers’ compensation costs and liability by preparing and implementing substance abuse policies that comply with state workers’ compensation premium reduction acts; and,
  • Prepare substance abuse policies for employers who contract with, or are regulated by, the Department of Defense, Department of Energy, or Nuclear Regulatory Commission.