I have been counseling companies on employment matters for approximately 12 years. One thing that I have found to be consistent is that companies avoid engaging employment counsel until they feel it is an absolute necessity. However, in most scenarios, if counsel is engaged when you first learn of the situation, corrective action could be … Read more
On October 11, 2018, the U.S. Occupational Safety and Health Administration (OSHA) issued a clarification of its position on post-accident drug testing. The new guidance addresses commentary that OSHA included with a May 2016 anti-retaliation rule. OSHA now asserts that the rule “does not prohibit . . . post-incident drug testing.” [Note that the Drug-Free Workplace … Read more
Many employers test their employees for drug use. Some test only during the hiring process. Others require drug testing for existing employees on either a periodic or occasional basis. This post doesn’t weigh in on whether your organization should drug test employees. But it provides an overview of some of the legal issues involved. Employee Rights … Read more