Tag: Drug use

Massachusetts ruling opens door to discrimination suits over medical marijuana

by Erica E. Flores A new ruling from the Massachusetts Supreme Judicial Court should be a warning to employers in the state that refuse to tolerate medical marijuana use by employees with a disability. On July 17, the state high court ruled in Barbuto v. Advantage Sales & Marketing, LLC, that an employee who was […]

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Marijuana

Think your drug policy is sound? Better factor in changing marijuana laws

Not so many years ago employers emphasized the importance of drug-free workplace policies—policies that often included zero-tolerance provisions. But as marijuana laws have undergone significant change in recent years, it’s time to give a second look to policies that may not have been updated in years.  Peter Lowe, an attorney with Brann & Isaacson in […]

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In ‘denial’: Alberta Court of Appeal revisits addiction in the workplace

by Hannah Roskey The Alberta Court of Appeal recently released its decision in Stewart v. Elk Valley Coal Corporation, a must-read for Canadian employers dealing with employee addiction issues. In lengthy reasons, a majority of the court agreed that there was no discrimination when an employee under the influence of cocaine was fired following a […]

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Minnesota employers need to be ready for medical marijuana by July 1

by Laurie Jirak Distribution of medical marijuana in Minnesota is set to begin July 1, so employers need to understand their rights and responsibilities under the state’s new medical marijuana law. Confusion may arise because employers are subject to both federal and state laws that may impose different standards or requirements on workplace medical marijuana […]

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Firing employee for off-duty marijuana use legal, says Colorado Supreme Court

by Emily Hobbs-Wright In a nationally awaited decision, the Colorado Supreme Court has upheld an employer’s termination of an employee who tested positive for marijuana because of his off-duty, off-premises marijuana use. The court issued a narrow decision on June 15 in Coats v. Dish Network, LLC. It turned on the fact that marijuana use […]

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Oregon employers shouldn’t freak out over new marijuana law

by Calvin L. Keith On November 4, Oregon voters passed Initiative 91, which legalizes recreational marijuana in Oregon. With Oregon joining other states that have approved recreational marijuana use, Oregon employers may be wondering what the new law means for their drug policies. The short answer is not much. Initiative 91, which will take effect […]

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Top 10 tips for dealing with substance abuse in the workplace

by Michelle Lee Flores There is clear agreement that substance abuse—whether it’s alcohol, prescription drugs, or illegal drugs—adversely affects employers and their businesses. Some estimate the loss of productivity for U.S. employers has been as much as $200 billion annually! General concerns for safety at work, injuries on the job, theft, loss of employee morale, […]

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“I meant, are you in here for drugs?”

Drugs are no laughing matter, except of course when it comes to the referenced exchange between Charlie Sheen’s character and Jeannie Bueller in Ferris Bueller’s Day Off. Yet, when it comes to our celebrity news cycle, drug use is as prevalent as steroid use has become in baseball. The latest scandal involves Nigella Lawson, most […]

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New Washington marijuana law doesn’t require employers to change policies

by Javier F. Garcia Washington’s new law concerning recreational marijuana use takes effect December 6, but it doesn’t require changes in employer policies. Initiative 502 (I-502), approved in the November 6 election, is intended to make the production and sale of marijuana a regulated, state-licensed system similar to that for controlling hard alcohol. It means […]

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Independent contractor’s behavior can lead to criminal liability for employers

By Antonio Di Domenico On Christmas Eve 2009, a swing stage (a work platform) suspended on the 14th floor of an Ontario apartment building collapsed. Four workers including the site supervisor died after falling to the ground. Metron Construction was charged with criminal negligence causing death under Canada’s Criminal Code. The company’s owner and sole […]

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