you. We have seen judgments, setlements, jury awards, and consent decrees ranging from $30,000 to well over $1.5 million. How do you avoid the Cost of Non-
Compliance? How do you keep up with the fast-changing world of compliance? Te key is information, information, information. Each of the areas of compliance listed above has rules to follow. If you follow the rules you will minimize your losses. Sure, some of the issues listed above are extremely detailed and complicated, but they are your blueprint for protection. Start by knowing the rules that apply
to you. You don’t have to go to law school to understand and comply with these rules. But, at least in general terms, you do have to take the time to be aware of those rules that apply to your operation.
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What follows is a small example of some of these rules. Unfortunately we only have enough
space in this article to address state law non-compliance and some ADA (prescription drug) issues.
State Law
Non-Compliance. Just about every state has some rule, some law or regulation that impacts your operation. States are described as . . . 1. Mandatory, meaning if you wish to conduct drug testing you must do so per state rules.
2. Voluntary, meaning if you want the benefits provided by a state law or pro- gram you must test per state rules.
3. Required, meaning if you have certain job functions you must test.
4. Immunity, meaning if you test per state rule you are immune from liability.
5. Marijuana, meaning a state authorizing medical/personal use of marijuana.
6. Open, meaning there are no state-specific rules.
Mandatory States—You Must Follow These Rules!
Tere are currently 22 Mandatory states: AZ, CA, CT, DE, HI, IA, LA, MA, MD, ME, MN, MT, NC, NE, NJ, NV, NY, OK, OR, RI, VT, and WV (AZ, DE, & NY are considered mandatory due to restrictions in their Medical Marijuana laws). Te mandatory state statutes can be extremely detailed, such as Iowa,
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