Biometric Criminal History Checks for EMS Personnel
It is critical that all states, territories, and jurisdictions implement uniform Federal Bureau of Investigation (FBI) compliant biometric criminal history records checks for all individuals seeking licensure as an EMS Practitioner in the United States. The national EMS leadership organizations together wrote the Model Legislation for the Recognition of EMS Personnel Practice Interstate Compact (REPLICA) […]
Third-Party Drug-Testers – Not Just Employers – Owe No Duty to Employees
According to the Texas Supreme Court, “third-party testing entities hired by an employer do not owe a common-law negligence duty to their clients’ employees.” The case, Houston Area Safety Council, inc., v. Mendez, is considered a positive development for employers that drug test their employees. The plaintiff sued HASC, claiming they negligently collected, transported, tested, […]
Psychedelics, the new frontier in drug legalization
Federal, state, and local laws governing drug and alcohol use and their effects on the workplace are rapidly changing and sometimes in conflict. Psychedelics is the new frontier in drug legalization and an emerging issue employers may need to grapple with in the near future. In 2020, Oregon voters approved the Psilocybin Services Act. The […]
7 Drug Testing Tips for HR
With more than 70 percent of drug users gainfully employed, it is important for HR professionals to have a system in place to hire drug-free candidates. The first step is to know who to test and when to conduct the test. Subsequent steps include determining the kind of test to use, screening for commonly detected […]
Debunking Common Oral Fluid Testing Misconceptions
Oral fluid testing is a relatively new concept in the drug testing industry and there are several misconceptions about this method of testing. A few include that oral fluid testing eliminates third-party administrators, oral fluid testing is not permitted in your specific state, it’s more expensive than other testing methods, it’s not an effective testing […]
You Win Some, You Lose Some – Calif. Governor Acts on Cannabis Bills
Governor Gavin Newsom has signed several bills into law recently, with many pertaining to cannabis. SB 302 – the Compassionate Access to Medical Cannabis Act – ensures that people with serious health conditions over the age of 65 can use medical marijuana in assisted living facilities and other home-based agencies. He also signed into law […]
Impairment in the Workplace
The legalization of marijuana across the county has led to confusion pertaining to legal, business and ethical considerations for employers. Employers must now have a need to consider employee impairment before taking adverse action. Measuring THC and THC metabolites is not predictive of impairment, but new tools designed to measure psychological and/or physical indicators of […]
Key House Committee Again Blocks Amendments to End Marijuana Testing for Federal Job Applicants
The House Rules Committee has again blocked attempts to end the practice of drug testing federal job applicants for marijuana as part of large-scale spending bills. Previous attempts to eliminate testing with the Departments of Homeland Security (DHS); Agriculture, Rural Development, Food and Drug Administration (Ag-FDA); and State and Foreign Operations have also been blocked. […]
Michigan Dropping Marijuana Drug Testing for Some New Hires on Oct. 1
The Michigan Civil Service Commission unanimously agreed to remove marijuana from the pre-employment drug testing protocols and a new state policy has started this month. The policy change would impact about two-thirds of the jobs within the state government, but will not affect those in law enforcement, or who those operate vehicles, provide health care, […]
4 States with New Workplace Drug & Alcohol Screening Laws
Legislative changes involving the legalization of marijuana have left employers wondering how their cannabis screening can still comply with the language of the laws. To complicate things even further, the language differs in each state or municipality. States with the most recent legal changes to workplace drug and alcohol screening programs include Delaware, Minnesota, and […]
