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Drug testing attorneys and lawyers in California
The U.S. Government reports that, in the last
month, 9.7 million Americans used marijuana and 1.9 million used
cocaine! Due to "hybrid" planting and illicit "lab" techniques,
marijuana and other drugs today are stronger, cheaper, and far more
lethal than ever.
As an employer, here are some facts about illicit drugs you should
know:
The US - a country with only 'five' percent (5%) of the entire
world's population - buys and consumes fully sixty percent (60%) of
the entire world's supply of illicit drugs.
In the U.S., 77% of all illicit drug users are employed.
As a result, the vast majority of businesses - small and large -
suffer from substantial decreased productivity and increased
accidents. Drug abuse also dramatically increases medical claims and
workers' compensation payouts. These more frequent claims, in turn,
directly cause increases in the premiums paid by the employer for
medical and workers' comp coverage.
Additionally, employee drug abuse definitely leads to the abusers'
increased absenteeism and taking more than the average number of
"sick days"- time off often paid for by their employer. While
abusers are "buzzed" on the job, they are responsible for more
product defects, missed deadlines, incomplete projects, or
inaccurate work. To support their drug habit, abusers are
responsible for higher than normal instances of employee theft- not
just from their company, but from their fellow employees, too. They
also can be counted on for more employee equipment loss, employee
equipment damage, and other problems- including drug-dealing.
What are employers doing about the drug problem? Hundreds of
thousands of employers - small and large - are now adopting and
implementing one or more of the following: company-wide anti-drug
abuse policies; comprehensive drug-abuse education and drug
awareness programs; drug testing programs; and employee assistance (EAP)
and rehabilitation programs. More than fifty-five million drug tests
were performed in the U.S. last year.
Is drug testing legal? There are some restrictions on drug testing
in a few states. But, generally, employers have a right to establish
a written drug test company policy that requires that employees be
drug free and to implement drug testing as part of their program. In
any case, federal (DOT) regulations take precedence over any local
and state restrictions in the case of DOT-regulated companies. For
an outline of drug-testing laws in all 50 U.S. States plus all U.S.
Territories, click here.
How common is drug testing? In 1983, only 3% of the Fortune 200
companies were testing one or more classes of job applicants or
employees. By 1991, that number had climbed to 97%.
Summary of Law(s) and Regulation(s)
As supplied by www.dol.gov
N/A c:\said\00000173.abs On-Site Testing The
California Department of Health interprets the state's laboratory
licensing law to prohibit any drug test not performed in a certified
laboratory or by a licensed physician. Cal. Bus. & Prof. Code §1206
(Supp. 1999). Alcohol and Drug Rehabilitation Employers with 25 or
more employees must accommodate employees who wish to participate in
a substance abuse treatment program, provided the accommodation does
not place an undue hardship on the employer. Employees are not
entitled to time off with pay for these purposes although the
employee may use accrued sick time. Employers must make a reasonable
effort to safeguard employees' privacy. CAL. LAB. CODE §1025 et.
seq. Drug Testing - SAN FRANCISCO, CA A San Francisco ordinance
prohibits drug testing under most circumstances including random,
periodic, and post-accident tests. Pre-employment, reasonable
suspicion, and rehabilitation testing are permitted when specific
conditions are met. San Francisco Cal., Code Part ll, ch.Vlll, art.
3300A..111 (1993). Not Available
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