DRUG SCREENING - continued
Admissions of Drug Use By Employees Are Not The Same As Positive Test Results in Minnesota – continued from page 7
employer‖ unless the employee has been given the opportunity to participate in and complete a drug counseling or rehabilitation program. Read more
Drug Testing In Your Non-U.S. Operations
Many U.S.-based employers perform pre-employment, post-accident, or random drug testing. With some exceptions, they are generally permitted wide latitude in deciding when to conduct such tests. But the U.S. attitude toward drug testing does not necessarily translate to other countries, where there may be different attitudes toward employee privacy in particular. U.S.-based employers can run into trouble when attempting to impose those same testing requirements on a foreign division or subsidiary.
In this article we‘ll look at drug testing requirements in foreign jurisdictions and what employers need to know before attempting to replicate a U.S.-based drug-testing protocol outside of the U.S.
Employers face a much different landscape once leaving U.S. borders. What works here may not necessarily work there, and in fact, could result in sanctions or legal action. Before beginning international operations, consider that other countries may have a different perspective on the employment relationship itself.
Source:
http://www.laborlawyers.com Read more Legalizing Marijuana – Off-Duty Use – An Employer’s Quandary
More and more cities and states are legalizing the use of marijuana for medical and recreational use. Even so, marijuana use is still illegal under federal law, 21 U.S.C. § 801 et seq., since it is listed as a schedule 1 controlled substance. That means its use is not protected by the Americans With Disabilities Act, 42 U.S.C. § 12101 et seq., (―ADA‖) because the ADA does not protect the current use of an illegal drug. Moreover, most employees are at-will employees, so they can be fired for good cause, bad cause, or no cause. Thus, if an employer wants to fire employees who use marijuana away from work, it is likely that the employer can legally do so.
While currently the above statement is true, we are well down a path of change, and where it will lead us is unclear. To those who believed that off-duty marijuana use cannot be used as a basis for job termination by private employers, their celebration is mistaken. But for employers to believe there is absolutely no risk in basing a termination on such off-duty marijuana use, and who fail to recognize that the legal landscape is changing, they also may be in for a surprise. We have only seen the first chapter of the book, more is to follow.
Source:
http://www.laborandemploymentlawcounsel.com/ Read more
Smart Drugs at Work – Legal Highs or Just Strong Coffee?
‗Smart drugs‘ are creeping onto the agenda for HR. In October the Medicines and Healthcare Products Regulatory Authority (MHRA) made a record haul worth £200,000 and highlighted the growth in internet trading in cognitive enhancement drugs, intended only for prescription by doctors.
The MHRA is concerned in particular at the slick operations of the websites, with ‗professional‘ shop fronts that might appeal to students looking for something more than caffeine to keep them going. But it‘s far from only students who see the appeal of being able to get increased focus and effort from a pill.
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