Urgent care centers are well known for being the first place people turn to for quick medical assistance. When most people think of urgent care centers, they automatically assume that they only offer treatment for non-life-threatening medical conditions. However, urgent care centers can offer much more to the public as a valuable member of the medical community. As such, urgent care centers are an excellent location to offer drug testing services. Public Safety One of the most important reasons that drug testing should be offered in urgent care centers is availability for the public. Drug test ..read more

In celebration of International Women’s Day (IWD) and Women’s History Month, we honor Senator Elizabeth Dole, an influential American leader who was an early champion for gender equality and a trailblazing role model for women across the nation. Her career contributions include foundational changes in workplace safety and the implementation of drug and alcohol testing programs within the Department of Transportation. Introduction Many women have shaped American history, but few have made such significant contributions to the health and safety of the nation as Elizabeth Dole. Elizabeth Dole’s w ..read more

The United States House of Representatives passed a marijuana de-criminalization resolution.[1] Should employers panic? Quick Summary Marijuana is not actually decriminalized; the resolution would need to be approved by the Senate and the president. Both are highly unlikely to approve the resolution. A great deal of employer rights regarding marijuana prohibition in the workplace depend on marijuana’s classification as a Schedule I substance on the Controlled Substances Act. Though not passed in this session, decriminalization may resurface and may even pass in 2022. Unlikely to Pass The fir ..read more

The 2020 elections involved 10 different voter ballot initiatives across the nation involving the legalization, decriminalization, or priority demotion of various drugs. This video session provides a brief overview of the initiatives expected to pass upon full counting of all ballots that may have an impact on the administration of a drug-free workplace program in those states. This discussion is limited in scope to selected issues that may have an impact on the administration of a drug-free workplace policy. Employers and attorneys in these states should investigate the entirety of the law an ..read more

When a United States Department of Transportation qualified breath alcohol technician (DOT BAT) is faced with testing an employee for alcohol, how does the DOT BAT ensure safety and security during the testing process? What if the employee refuses to provide a sample over concerns of contracting the virus? ODAPC has repeatedly reinforced during the pandemic that “it is the employer’s responsibility to evaluate the circumstances of the employee’s refusal to test and determine whether or not the employee’s actions should be considered a refusal as per 49 CFR § 40.355(i).” Thus, in a novel, COVID ..read more

Recently, the Supreme Court of Ohio resolved the question of whether an at-will employee has a cause of action for invasion of privacy against its private employer for requiring the employee to submit a urine sample under the direct-observation method.[1] The case of Lunsford v. Sterilite of Ohio, LLC involved two employees and two former employees (collectively “Appellees”) who brought an action against Sterilite alleging that its collection of urine samples using a direct-observation method was an invasion of privacy.[2] Sterilite of Ohio (“Sterilite”) is a private employer that requires its ..read more

Companies often have a duty to test their employees for recreational and illegal substances to ensure that they (and their colleagues) remain safe on-site. However, management and supervisors frequently wonder what legal rights they have to conduct testing and how they can do it compliantly.  YES – Employers Can Conduct Drug Tests On-Site Companies traditionally outsourced drug-testing to third-party laboratories operating off-site. However, there is no legal requirement to do this.  Furthermore, operating an on-site program offers a host of practical benefits too. Often, it is less ..read more

Drug tests are used to detect the presence of illegal or prescription drugs.[1] Employers may require job applicants and employees to submit to drug testing either during the hiring process or after being hired. There are several reasons to test, the most common reasons include: pre-employment, random, reasonable suspicion/for-cause, and post-accident drug testing. Unique to post-substance use and abuse treatment programs, employers may test before an employee returns to duty and as part of a follow-up program overseen by a substance abuse professional. Drug testing laws vary from state to sta ..read more

Many employers are coming to understand the benefits of drug testing employees with in-house drig testing. Going to third parties for drug and alcohol testing is often unnecessarily time-consuming, risky, and expensive. Third party testing can be the cause of delays which ultimately negatively affects the performance of the organization and may leave it in violation of applicable regulations. As a result, many employers have turned to training payroll employees to conduct in-house tests instead, improving operations and securing compliance. Which Types of Employee Drug Tests are Available for ..read more

Historically, every state has legally enforced some form of pre-employment drug testing.  These policies have helped businesses enhance job safety, practice risk aversion, gain legal advantage, and boost productivity. However, as 11 states have legalized recreational marijuana use and decriminalized possession, authorities propose restrictions and bans on applicant drug testing.[1] These new restrictions necessitate that businesses seek new ways of improving productivity, safety, and morale despite the change. Debates rage across the country. Supporters of legalizing, decriminalizing, and ..read more