Drug Testing

BREATHALYZER FOR MARIJUANA – SOLUTION FOR DETERMINING IF SOMEONE IS IMPAIRED AT WORK?

Two new “breathalyzer” tests being developed by the University of Pittsburgh and Hound Labs, respectively, are set to hit the market in 2020 and are being marketed as the solution that employers have been waiting for. The devices, similar to breathalyzers used to measure breath alcohol content, use advanced technology to detect and measure recent […]

EEOC BRINGS SUIT AGAINST EMPLOYER WHO RESCINDED JOB OFFER TO APPLICANT ON ANXIETY MEDICATION

According to the Equal Employment Opportunity Commission (EEOC), a Wisconsin inpatient residential health facility violated federal law by rescinding a job offer because the applicant tested positive for a prescribed medication during a pre-employment drug screen. Rogers Behavioral Health (RBH) offered a job applicant the position of intake specialist. During a pre-employment physical, which included […]

NEVADA FIRMS BARRED FROM USING MARIJUANA TEST TO REJECT JOB SEEKERS

After nearly two years of allowing recreational marijuana use, Nevada has enacted a law restricting most employers from using a marijuana drug test to reject potential employees. The move comes as a growing number of Nevada businesses move away from cannabis screening as more job applicants use the recreational drug. Since the legalization of marijuana, […]

HIGH BUT NOT HIRED: COMPANIES PREPARING FOR LEGAL MARIJUANA

Thoran Towler, Chief Executive Officer of Nevada Association of Employers, was recently interviewed on how legalization of recreational marijuana has affected employers in Nevada. The potential legalization of recreational marijuana in Minnesota is forcing businesses across the state to consider whether to still hire job candidates who fail a drug test. Legislation to legalize recreational […]

OSHA ISSUES CLARIFICATION ON POST-ACCIDENT DRUG TESTING

Post-Accident Testing Does Not Violate OSHA Final Rule As you may recall, in early 2016 OSHA published a final rule that, among other things, amended 29 C.F.R. § 1904.35 to prohibit employers from retaliating against employees for reporting work-related injuries or illnesses. In the preamble to the final rule, OSHA discussed how the final rule could apply […]

DOES NRS 613.333 ALLOW FOR OFF-DUTY CANNABIS USE?

In February of this year, Thoran Towler, our CEO at Nevada Association of Employers, wrote an article for the Reno Gazette Journal that explored recreational cannabis use in relation to Nevada’s waning labor supply. In the article, Towler implicitly raises the question, “Should Nevada employers consider revising their drug policies to accommodate the hiring of […]

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