Drug Testing and Substance Abuse Management

Drug Testing and Substance Abuse Management Brochure

To assist employers with their drug testing and substance abuse management objectives, Jackson Lewis attorneys advise clients concerning the legal issues and requirements imposed by federal, state and local laws and regulations. We routinely prepare and review policies to ensure compliance with applicable federal, state and local laws and regulations requiring and/or regulating drug testing and substance abuse programs.

We assist clients in making "reasonable suspicion" determinations, assessing methods of "random" testing, and determining appropriate disciplinary actions for substance abuse policy violators. Our attorneys also draft agreements for employees who agree to enter treatment and rehabilitation programs, and we advise employers who oppose claims for unemployment compensation following termination for a positive drug test.

The Institute for a Drug Free Workplace was founded in 1989 by representatives of four major corporations who joined together to create a coalition to serve the common interests of employers and employees in the prevention of drug abuse and its impact on the workplace. Today, more than 80 other major businesses and business organizations have joined to establish the Institute as the leading advocate of employer interests on this issue.

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For information about Institute publications and membership, please call 703/228-4300, or contact us through the Institute's worldwide web site at http://www.drugfreeworkplace.org.

Jackson Lewis attorneys can assist employers in identifying legal needs, building a solid defense, meeting compliance requirements, and developing best practices. For more information, please contact practice area coordinators Kathryn J. Russo or Roger S. Kaplan or Mark A. de Bernardo or the Jackson Lewis attorney with whom you regularly work.

Drug Testing and Substance Abuse Management Legal Updates

U.S. Department of Transportation Issues Final Rule Revising Drug Testing Procedures: [8/16/2010] The U.S. Department of Transportation has published a final rule revising certain drug testing procedures to conform its testing rules to new rules being implemented by the Department of Health and Human Services. The changes will become effective on October 1, 2010. read more »

Ohio Agency to Replace Drug-Free Workplace Program with Drug-Free Safety Program Effective July 1: [6/11/2010] On July 1, 2010, the Ohio Bureau of Workers' Compensation will replace its Drug-Free Workplace Program with a Drug-Free Safety Program. The DFSP is mandatory for companies (in-state or out-of-state) who bid or work on state construction projects (including subcontractors) and is voluntary for read more »

Court Lifts Ban on NFL Drug-Test Suspensions: [5/7/2010] A Minnesota trial court has ruled that the National Football League was properly considered an "employer" for state law purposes and that it violated the notice provisions of Minnesota's Drug and Alcohol Testing in the Workplace Act ("DATWA") in drug-testing two players. However, in the May 6, 2010 read more »

Implementation of Revisions to Federal Drug Testing Guidelines Moves to October 1: [4/30/2010] The U.S. Department of Health and Human Services ("DHHS") has announced that it will delay implementation of the revisions to the Mandatory Guidelines for Federal Workplace Drug Testing Programs from May 1, 2010, to October 1, 2010. The specific revisions to the Mandatory Guidelines were read more »

Oregon Employers Have No Duty to Accommodate Medical Marijuana: [4/16/2010] Finally resolving what had been an open question under Oregon law, Oregon's Supreme Court has ruled that Oregon law does not require employers to accommodate the use of illegal drugs, including medical marijuana that is otherwise allowed under state law. The Court, in Emerald Steel Fabricators read more »

All Drug Testing and Substance Abuse Management Legal Updates »

Partners and Of Counsel Concentrating in Drug Testing and Substance Abuse Management

Attorney	Office	Email	Phone
David S. Allen Partner	Los Angeles	Email	(213) 689-0404
David H. Black Of Counsel	Seattle	Email	(206) 626-6431
Edward M. Cherof Partner	Atlanta	Email	(404) 586-1851
Mark A. de Bernardo Partner	Washington DC Region	Email	(703) 483-8334
Garen E. Dodge Partner	Washington DC Region	Email	(703) 483-8323
Joseph S. Dreesen Partner	Omaha	Email	(402) 391-1991
Debra Weiss Ford Managing Partner	Portsmouth	Email	(603) 559-2700
Pedro P. Forment Partner	Miami	Email	(305) 577-7604
Trish Holland Partner	Raleigh-Durham	Email	(919) 424-8608
Bradley W. Kampas Managing Partner	San Francisco	Email	(415) 394-9400
Roger S. Kaplan Partner	Long Island	Email	(631) 247-4611
Timothy D. Loudon Partner	Omaha	Email	(402) 391-1991
Antone Melton-Meaux Of Counsel	Minneapolis	Email	(612) 359-1772
David K. Montgomery Partner	Cincinnati	Email	(513) 898-0050
Peter F. Munger Partner	Denver	Email	(303) 892-0404
Jenna Rinehart Rassif Partner	Miami	Email	(305) 577-7654
Colleen M. Rea Partner	Denver	Email	(303) 892-0404
Kathryn J. Russo Partner	Long Island	Email	(631) 247-4606
Daniel P. Schwarz Partner	Portsmouth	Email	(603) 559-2700
Elayna J. Youchah Managing Partner	Las Vegas	Email	(702) 921-2460