A wrongful death suit was filed against Ford Motor Co. for failing to drug test an employee. A full-time employee of Ford collapsed at work and was brought to a hospital, where he later passed away. A toxicology report showed that this employee had marijuana, fentanyl, and alcohol in his system at the time of death. Ford Motor had a workplace drug policy, but they failed to implement it. The lack of supervision prompted employees to use drugs and alcohol while at work. The claim was filed stating that Ford was negligent with its workplace practices, which ultimately led to the death of this individual.

As the acceptance of illegal and recreational drug use rises throughout the US, the need for a firm workplace drug policy has never been more critical. Employers are held responsible for the actions of their employees while on the clock, especially when employers are willfully negligent of safety measures in the workplace and their own company policy. Choosing not to have a drug testing policy, or choosing to have one but not implementing it, can have serious negative consequences that may reflect poorly on your company.

Knowing what drugs to test for, what method to use, who and when to test, and how testing should be done can be confusing. Luckily, Blueline has you covered. Our experts can help you develop a workplace drug policy that is tailored to your organization’s every need.

The post LEARN FROM FORD MOTOR CO.’S DRUG TESTING MISTAKE appeared first on Blueline.

The need for drug testing has never been more crucial…and employer liability only increases as society becomes more casual in the acceptance of drug abuse.

Legalization

Now we may not be as laid back as our friends up north who are handing out free drugs to everyone, but more and more places in the US are legalizing drugs. The CDC reported in June 2020 that 13% of adults, age 18 and older, started or increased their substance use as a result of the pandemic. This means that 33.6 million adults began using illicit drugs to cope with emotions related to COVID-19. ODMAP, an overdose reporting system, found that 62% of US counties experienced increased drug overdoses due to the pandemic.

To keep your workplace safe, productive, and drug-free, knowing all your drug testing options is essential. Common drug test types include urine, saliva, and hair testing.

What Should I Test For?

It is essential to know which drugs to screen for. Some commonly abused drugs are:

• Narcotics: includes heroin, fentanyl, morphine, opium, methadone
• Depressants: includes benzodiazepines, barbiturates, methaqualone, quaaludes
• Stimulants: includes cocaine, amphetamines, methylphenidate, methamphetamine
• Hallucinogens: common “club drugs” such as ecstasy, LSD, phencyclidine
• Cannabis: includes marijuana, THC, hashish
• Synthetics: includes spice, bath salts, anabolic steroids

Types Of Testing Available

It is also essential to review your company policy to ensure all your drug testing needs are being met. Blueline offers many different testing options. Our most popular tests are:

• 5 Panel: includes amphetamines, cocaine, marijuana, opiates, and phencyclidine
• 7 Panel: consists of all 5-panel drugs, plus barbiturates and benzodiazepines
• 9 Panel: consists of all 7-panel drugs, plus barbiturates propoxyphene
• 10 Panel: includes all 9-panel drugs, plus methadone and methaqualone
• Popular Add-ons: tramadol, meperidine, fentanyl, spice, bath salts

Knowing which drugs to screen for can be tricky. Luckily, Blueline can help you navigate the right testing configuration for your organization and the proper drug testing policy catered specifically to your needs.

The post It’s Been a While Since Breaking Bad, so Here’s Your Refresher Course on Illegal Drugs appeared first on Blueline.

Here’s a short list of important compliance updates highlighting critical information about laws that a few different states have enacted recently. Keep up to date with any compliance changes by using Blueline Services for your background check and drug testing needs.

Background Check Updates

Maine: Bill LD1167 took effect on October 18, 2021. This bill prohibits employers from requesting criminal history records on an initial application or stating on applications that individuals with criminal history cannot apply. Employers may ask about one’s criminal history during an interview or once it is determined that the applicant is qualified for the position.

New York: Bill Int 1314-2018 also took effect on October 18, 2021. This bill extends and clarifies protections for individuals with pending criminal charges. It requires an assessment of the relationship between the charged conduct and the job, which is the same requirement when considering one’s conviction history.

Drug Testing Updates

New Jersey: The employment sections of New Jersey’s personal cannabis use act went into effect on August 21, 2021. This law says that marijuana use should be treated the same as alcohol use. This means that employers cannot discriminate against people based on marijuana use. However, employers can still drug test upon reasonable suspicion of impairment in the workplace.

New York: The Marijuana Regulation and Taxation Act (MRTA) amended New York Labor Law 201-D(4-a) to say that employers cannot discriminate against employees based on legal marijuana use outside of the workplace. Employers cannot test for marijuana use unless it is required by a state or federal law (DOT) or the employee is impaired at work under reasonable suspicion.

Stay up to date on these and other compliance updates with Blueline Services so you are aware of any changes that may affect your business. It’s critical that your business avoid compliance violations, and we at Blueline Services are here to help.

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Proper employment screening is the most effective way for companies to reduce their overall risk and liability. Background checks help ensure a quality hiring decision and save your company time and money. Ban the box policies have tightened the regulations on these screenings.

The background check industry is facing significant challenges. Legislation, known as ban-the-box laws, prohibits employers from asking criminal history questions during the hiring process. These laws are intended to provide applicants with a fair chance at employment by delaying background checks until further along in the hiring process. Ban-the-box policies have been enacted in 36 states and over 150 cities.

HR managers are faced with finding the balance between being liable for negligent hiring and giving applicants with a criminal history a fair chance to be evaluated. Thorough background checks can uncover all the information necessary for employers to make the right decisions in hiring.

Being able to access the full records of a potential employee makes the hiring decision much simpler, with the integrity and safety of the company and its current employees being kept secure. It’s understandable to want to give the ability to individuals with checkered histories the chance to return to the workforce without being labeled. However, in certain roles, it’s also imperative the applicant be forthcoming with any hidden records that may impact the role itself.

Staying within compliance is an ever-growing challenge unto itself in this evolving time, and the team at Blueline is here to make it an easier road to navigate. Let us help you through the entire hiring process, and take you through any testing and reporting that may be required after the hiring work is done.

Blueline’s customizable screening services offer:

• Identity verification
• Criminal record checks
• Driving records checks
• Reference checks
• National database

Let Blueline help you keep external threats from becoming internal threats. We are here to make sure you stay in compliance with all new rules and regulations.

The post Ban the Box? appeared first on Blueline.

DOT Update on Revised CCF

The changes were made to accommodate the use of oral fluid specimens for the Federal drug testing program. However, oral fluid testing is NOT authorized in the DOT’s drug testing program.

If the old CCF is used after August 30, a Memorandum for the Record (MFR) must be completed, or the test will be canceled. Test results may also take longer if you choose to use the old CCF and an MFR, instead of using the revised CCF.

If you decide to keep the chain of custody forms on hand, you will need to order the revised CCF from Blueline. The online platform is updated to reflect these changes as well. If you are going to use a collection site, they will have the revised CCF there for you.

To order the revised CCF or if you have any questions, reach out to us at mail@blueline-services.com.

The post DOT Update- You Should Take This Seriously appeared first on Blueline.

Keep Testing For Marijuana?

Marijuana is still federally illegal and is considered a Schedule I drug, meaning it has a high potential for abuse and no accepted medical use. Because state and federal laws differ for marijuana use, drug testing can be complicated especially for companies across multiple states. What does all of this uncertainty mean for employers?

Some companies may choose to remove marijuana screening from their drug testing policy for various reasons. The window of detection for marijuana use is a common reason. Employers often wonder how accurately impairment can be decided based on a positive test because marijuana stays in your system longer than many other drugs. So… there still isn’t a viable option for testing for real-time impairment. Another frequent concern of HR professionals is an issue of privacy in states that have legalized the drug.

Does Testing Help Limit Employee Risk?

There are many reasons to continue screening for marijuana use. Other ongoing benefits of testing include it can prevent drug users from applying to your company. Continued screening or random drug testing can also help protect your company from legal liability if an accident occurs. According to a study by the National Institute on Drug Abuse, employees that tested positive for marijuana were 55% more likely to have industrial accidents, 85% more likely to be injured, and 75% more likely to be absent. Screening for cannabis may be beneficial, particularly for those in safety-sensitive positions where employee risk is concerned.

Untangling the issue of whether or not to screen for marijuana can be tricky. Let Blueline experts help you implement a drug testing program that will keep your company and employees safe and compliant.

The post Amazon Has Entered the Jungle of Serious Employee Risk & Liability appeared first on Blueline.

Drug overdoses can happen anywhere, and the workplace is not exempt from these problems. The National Institute for Occupational Safety and Health (NIOSH) reported that drug overdose deaths at work have increased for seven years in a row.

Drug Overdose Rates Soaring

Drug related deaths in the U.S. skyrocketed 30% in 2020 to a record 93,331. This means an average of 256 Americans died every day from a drug overdose. This surge of overdoses was not unforeseen as drug abuse is a continually increasing problem in the U.S.

The strongest approach to prevent workplace drug overdoses is to implement a drug testing policy for your company.

How Can Drug Testing Reduce Workplace Drug Overdoses?

There are many circumstances in which a company may conduct drug testing. Each of these strategies can be used to eliminate the chance of a workplace overdose.

• Pre-Employment: This test is used to establish illicit drug use by a potential hire. Your workplace is less likely to have drug problems if applicant testing becomes part of the hiring process.
• Random: A random selection process chooses employees to perform drug testing. This will ensure employees are following your workplace drug policy.
• Post-Accident: This is performed after a workplace incident occurs. When a company has a post-accident drug testing policy, employees are less likely to consume drugs before or during work.
• Reasonable Suspicion: When there is evidence or reasonable cause to suspect an employee’s drug use, this test can be performed. Supervisors must complete a prior training course to report drug and alcohol symptoms.
• Return to Duty: This test may be used as a condition of a worker’s return to safety-sensitive duties after a company’s drug or alcohol policy has been violated. This will help prevent continued policy violations.

As drug overdose deaths are continuing to soar throughout the country, Blueline is here to protect your company. We can help navigate this sensitive subject by creating a drug testing program that is right for you.

The post How Drug Testing Can Prevent Workplace Death appeared first on Blueline.

Louisiana Law Updates- June 2021

Louisiana enacted legislation to prohibit employment discrimination based on criminal history records. Employers now cannot request or consider an arrest record that did not result in a conviction, if the information was found during a background check. Employers are allowed to make assessments about an applicant’s criminal history if it has a direct relationship to the specific job duties. This assessment must consider:

• The nature and gravity of the offense
• The time that has elapsed since the offense
• The nature of the job

 New York Law Updates- July 2021

The Legal Enforcement Guidance on the Fair Chance Act and Employment Discrimination on the Basis of Criminal History was updated by the New York City Commission on Human Rights to consider changes made to the Fair Chance Act. The amendments to New York City’s Fair Chance Act were effective starting July 29, 2021. These amendments add protections for individuals who have unsealed violations and unsealed non-criminal offenses. It also expands protections to cover current employees who face pending criminal charges.

After a conditional offer of employment has been made, employers may conduct criminal background investigations. If reviewing the criminal record makes you reconsider the offer of employment, three steps must be completed before withdrawing the offer.

1. Evaluate the applicant under the Relevant Fair Chance Factors and share the evaluation with the applicant
2. Give the applicant a copy of the background check or any other documents used to determine their criminal record
3. Allow at least 5 business days for the applicant to respond

Staying on top of all these compliance changes can be time-consuming. Stay up to date with any compliance changes by using Blueline Services for all your background check needs.

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The U.S. Department of Transportation (DOT) has increased fines for trucking regulation violations. DOT issued a final rule earlier this year that allows the Federal Motor Carrier Safety Administration (FMCSA) to assess civil penalties for employers, employees, or medical review officers who violate the Drug & Alcohol Clearinghouse.

Violations related to commercial driver’s licenses could be subject to a fine of $5,833, which is more than double the amount of $2,500 that the same Clearinghouse violation would have cost you in previous years. The change in fines reflects inflation increases that should have been adjusted long ago. This was done in accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which requires federal agencies to increase fines to account for inflation each year.

Other notable penalty changes from the final rule include:

• Violations of commercial regulations (property carriers) – Old fine $10,932. New fine- $11,125
• Minimum rail safety penalty – Old fine $892. The new fine is $908.
• Maximum civil penalty for violating procedures for use and allocation of shipping services, port facilities, and national defense operations – Old Fine $26,582. New fine $27,051.

Keeping track of all these changes can be confusing. Thankfully, Blueline stays on top of the latest regulations and changes to keep you in compliance. Reach out to us if you have any questions.

The post Even More DOT Nagging – Regulations appeared first on Blueline.

Illinois Law – March 2021 Compliance Update

Conviction Records and Equal Pay Compliance

Illinois enacted legislation that amended the Illinois Human Rights Act. The changes made prohibit employers, agencies, and labor organizations from taking adverse action on an individual due to conviction records unless:

• A substantial relationship exists between the criminal offense and the employment opportunity
• Hiring or continuing their employment puts property, other employees, or the public at unreasonable risk

The conviction records include felonies, misdemeanors, probation, imprisonment, parole, law enforcement fines, and more:

• Mitigating factors must be considered before an employer uses a conviction record in its decision-making.
• Interactive assessment and notice requirements for employers’ preliminary decisions.
• Employees’ right to respond before their employer’s final employment decision; and
• Employer’s final decision procedure.

The compliance update will mean more scrutiny placed on background checks. Be sure to use Blueline Services to stay in compliance.

New Jersey Law – February 2021

Compliance Update

Adult-Use Cannabis Reform

Adult-use cannabis reform has a couple of clauses to it. First, it legalizes cannabis use for adults 21 and older. It then sets provisions protecting against discrimination in employment opportunities due to cannabinoids being detected in a drug test.

How the workplace will be affected:

AB 21 prohibits employers from refusing to hire, employ, discharge, or taking any other adverse action against any person because they do or do not use cannabis. Additionally, employees cannot be subject to adverse employment action solely because cannabinoid metabolites were present in their workplace drug tests. However, the law does not allow cannabis or marijuana use or possession in the workplace or prohibit workplace drug testing. An employer may require an employee to undergo a drug test if it is reasonably suspected that an employee is using cannabis when working, if they display any observable signs of cannabis intoxication, or after a work-related accident. Employers may also drug test randomly, as part of pre-employment screening, or regularly screen current employees to determine drug use during the employee’s working hours. Workplace drug tests must have both a scientific process (blood, urine, or saliva testing) and a physical evaluation to determine if the employee is impaired.

AB 1897 protects against employment discrimination by prohibiting employers from making decisions solely based on an employee’s and applicant’s arrest, charge, conviction (juvenile included) related to marijuana or hashish (charge). Additionally, employers cannot require an applicant to disclose or reveal any such charge.

AB 21 is effective immediately but is not operative until rules and regulations are released by the New Jersey Cannabis Regulatory Commission. Employers are encouraged to begin compliance with AB 1897 immediately, as well. Read more on cannabis and marijuana reform from the governor.

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