Welcome to our 2009 National Drug-Free Work Week resource center. We'll be featuring blogs and other resource materials throughout the month of October.  This site will be periodically updated so please check back often.

BLOGS ON THE FREE WEB

• What Risk Managers Need to Know About Drug and Alcohol Testing Programs, by William Judge & Rebecca Shafer
• Prevent Drug Abuse in the Workplace, by Safety Services Company
• Presence of Cannabinoids and Opiates in Worker's System Is Insufficient to Support Denial of Benefits, by Thomas A. Robinson

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• 50 State Survey Drug-Free Workplace Programs

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• Drug-Free Workplace Week
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• Employment Law Deskbook, Ch. 20, Drugs and Alcohol Policies and Testing. The chapter explores employer drug testing programs, corporate liability for inaccurate drug testing, federal drug testing guidelines, and the practical considerations for drug testing. The chapter also provides a checklist for substance abuse testing programs and sample policy statements. (31 pages)
  • § 20.02 Employer Testing of Employees.
  • § 20.03 Potential for Liability.
  • § 20.04 Practical Considerations for Testing.
  • § 20.05 Notifying Employees and Applicants of Positive Test Results.
  • § 20.06 Federal Drug Testing Guidelines.
  • § 20.07 Judicial and Administrative Review of Drug Testing Programs.
  • § 20.08 Status of Substance Abuse Testing Under the ADA.
• Americans With Disabilities Act: Employee rights and Employer Obligations, Ch. 6, § 6.05. The section discusses the fact that alcohol and drug abuse may constitute a disability under the ADA . It explores the requirements the employer must follow to make reasonable accommodations for alcoholics and drug addicts. (5 pages)
• California Employers’ Guide to Employee Handbooks and Personnel Policy Manuals, Ch. 2, § 2.33 Drug-Free Workplace.  Sample policy on drugs and alcohol in the workplace that employers can modify and use in an employee handbook; includes research notes referring to California’s Fair Employment and Housing Act (FEHA), the California Labor Code, the Americans with Disabilities Act, and recent California case law, such as Ross v. RagingWire Telecommunications, 42 Cal. 4th 920 (2008).
• California Employment Law, Ch. 41, § 41.53 Alcoholism and Drug Abuse Rules and Tests.  Discusses whether and under what circumstances employment discrimination practices based on drug and alcohol use and addiction are prohibited under statutes such as the ADA , the Rehabilitation Act, and Title VII.
• California Employment Law, Ch. 50, § 50.43 Drug and Alcohol Tests. Discusses potential issues involved in drug and alcohol testing and accommodation of employees in drug or alcohol rehabilitation programs.  Included are discussions of the following: collective bargaining agreements; case law related to balancing employers’ interest in a drug-free workplace against California’s constitutional right to privacy; federal Fourth Amendment issues; issues under California ’s Fair Employment and Housing Act (FEHA); and the Americans with Disabilities Act (ADA).
• California Employment Law, Ch. 41, § 41.32[3][a] Alcoholism and Drug Abuse. Discusses issues relating to drugs and alcohol in the workplace, such as under what circumstances individuals with such addictions are protected under the FEHA, the ADA and the Rehabilitation Act and under what circumstances they can lose that protection.
• California Employment Law, Ch. 41, § 41.42[2][f] Drug and Alcohol Use. Discusses whether employers may base hiring decisions on applicants’ drug use and alcoholism, as well as relevant provisions of the FEHA, ADA , the Rehabilitation Act and Title VII.
• Dubreuil’s Florida Workers’ Compensation Handbook, Ch. 9, § 9.02[10]. Discusses Florida law on the Drug-Free Workplace Program, including the presumption of intoxication and drug testing procedure.
• Larson’s Workers’ Compensation Law, 36, Intoxication. Voluntary intoxication which renders an employee incapable of performing work is a departure from the course of employment. Otherwise, apart from special statute, evidence of intoxication at the time of injury is ordinarily no defense, at least unless intoxication was the sole cause of injury. Under the special statutory defense of intoxication, the requisite causal connection between intoxication and the injury varies among the statutes all the way from mere existence of intoxication at time of injury to the requirement that intoxication be the sole cause.
  • § 36.01 What is Intoxication? 
  • § 36.02 Intoxication Apart From Specific Statutory Defense of Intoxication. 
  • § 36.03 Intoxication as a Separate Statutory Defense.

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