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Drug testing has become standard in most places of employment. The change was made in an effort to decrease mistakes and delays brought on by addicted employees and evade hiring on potential employees who are users. But does it really help? The reality is that most illegal drug users are gainfully employed. Out of the [...]
According to the latest survey, the vast majority of substance abusers in the state of Texas are between the ages of 18 and 25, which implies that the majority of users are likely teenagers who are in high school. Texas deals with a very high meth addiction and violence rate compounded by problems with heroin, [...]
If you are a DOT regulated company, the positive results of an employee on a drug test can be a serious cause for concern. You need to know the exact procedure for handling this situation in order to avoid expensive and complex legal ramifications. On Receiving Initial report As soon as you receive the initial [...]
1) A Brief Overview The state of Utah is supposed to be a hybrid state wherein the employer is supposed to follow the mandatory guidelines if the drug or alcohol testing is conducted in accordance with the state prescribed guidelines. The law of Utah is also considered a state friendly law. 2) The Policy And [...]
1) A Brief Overview The state of Texas is considered a hybrid state, wherein there is no specific law which requires or limits an employer’s action unless a worker voluntarily agrees to participate in the state workers compensation program. 2) The Policy If an employer has an employee force which exceeds fifteen employees, he/she needs [...]
1) A Brief Overview The state of Tennessee is a hybrid state wherein a few jobs require strict testing while others do not. Child care drivers and state contractors need to be tested on a regular basis. In case an employer volunteers to participate in a state incentive program, he/she needs to conduct medical tests [...]
1) A Brief Overview The state of South Dakota is considered an open state; wherein there is no state law which restricts or encourages drug testing in the state. Here, there is no state law which addresses or limits drug testing and hence, the tests can be carried forwards on the sole discretion of the [...]
1) A Brief Overview The state of South Carolina is considered a voluntary state. Here, the employer needs to seek financial incentives which are offered under the state law. In case the employer does not choose to follow these benefits, he/she may be allowed to follow the common law. This feature applies to those employers [...]
1) Legal Outlook An employer seeking state protection with the 5% discount on worker’s compensation is expected to follow the state law with respect to testing. Otherwise, the employer comes under the purview of common law. 2) Policy An employer seeking state protection is expected to maintain a written policy that states the organization’s stand [...]
1) Legal Stand The state law of West Virginia mandates certain employees for tests. Employers in other industries are directed as to who may be covered, the agency to be used, timing of drug tests and the substances that are to be tested for. The directives to employers come from legal decisions that have been [...]
