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.

California isn’t the only one limiting salary history requests. New Jersey, Oregon, Colorado, and several more have passed legislation limiting the ability to request previous salary history. Blueline stays on top of the latest regulations and law changes to keep you in compliance, regardless of the state.

Even the federal government is getting in on the salary history train. The Paycheck Fairness Act creates a federal-level ban on salary history. It limits requesting wage history until after the employee has been offered the position and you’ve offered compensation. At this point, the prospect can voluntarily offer you their prior wage history to request higher pay.

It’s EASY to run afoul of the FCRA when running background checks as well, so remember to use the Blueline platform to automatically keep you in compliance through the entire process.

Blueline Services has been staying up to date on these and other changing regulations for years now. Our experience has been keeping you from having to worry about compliance issues, and we will continue to do so. Salary history requests may be going the way of the dinosaurs. That said, we are still going to provide thorough background checks within federal, state, and local guidelines to keep your business running smoothly without any compliance concerns. Check out our complimentary wiki to find more information on Compliance.

The post Salary History Requests are a Thing of the Past appeared first on Blueline.

Several states changed or updated alcohol and marijuana policy. Here’s the rundown of legislative changes:

• Alabama – Made it illegal to use supplements or synthetic urine to fool drug screens.
• Delaware – Added the treatment of anxiety to the list of qualifying conditions.
• Iowa – Updated their THC limits from 3% to 4.5% per gram for patients. Terminally ill patients may have different levels approved.
• Maryland – Increased amount of marijuana needed to qualify as a criminal offense. Anything under a certain amount is a civil offense.
• New York – Added to its mandatory drug testing pre-employment screenings. Any for-hire drivers that transport 10+ must take a pre-employment drug test. CDL and non-CDL drivers are both required to take pre-employment tests.
• Oklahoma – Funded the start of a marijuana breathalyzer program.
• Utah – Changed workers compensation policy to lower the blood and breath alcohol levels required for employers to take action. The reduced amounts will also determine if a person qualifies for workers’ compensation and disability. Private employers do not have to accommodate medical marijuana use under their drug and alcohol policies.
• Virginia – Some marijuana possession and CBD oils now have a civil penalty instead of a criminal penalty.
• West Virginia – If terminating an employee for violating a company drug and alcohol policy, gross conduct can be brought, negating any indemnity benefits.
• Washington, D.C. – Medical marijuana users cannot be excluded from hiring based on a positive marijuana test. No negative actions can be taken against the employee at work unless they use, are impaired, or possess marijuana in the workplace. Private employers are exempt from this rule.

These regulations were enacted by each states’ legislators. To that extent, this list doesn’t include any states that legalized marijuana or other drugs via ballot measures. As always, make sure to check with your legal department to determine if any of these changes may affect you. Blueline is here to help you navigate through this Rundown of Legislative Changes.

The post A Rundown of Legislative Changes appeared first on Blueline.

Addiction recovery centers are also going to be set up for free, using tax revenues from marijuana sales as funding.

Drug policies were changed in New Jersey and Arizona to allow the legalization of recreational marijuana. Mississippi voted to allow the use of medical marijuana. There was also a major change in Washington, D.C., where a measure was passed decriminalizing the use of hallucinogenic mushrooms.

There are definite concerns within the drug testing industry about how these changes are going to impact the ability to continue workplace drug testing. Continuing drug testing is imperative, though the idea of just testing for marijuana and/or alcohol is becoming outdated. Continue testing for them, but going forward, a full panel of drugs may be a more effective manner of testing.

While each state is creating its own rules and regulations regarding drug testing and collection processes, one thing is still going to be vital. Companies are still going to be liable for safety-sensitive positions that may cause accidents. Testing within these groups is ultimately going to keep both employees and the public safer.

As Oregon legalizes most drugs, more states are legalizing and lessening restrictions on drugs, the testing industry is going to go through changes. We are here to help our clients navigate these new waters and keep you up to date on any new regulations and changes coming your way.

The post Oregon Legalizes Most Drugs appeared first on Blueline.

The California Department of Fair Employment and Housing has updated the state’s criminal background check rules to expand California Worker Protections. The new rules expand the scope of the Fair Chance Act and let employers know they intend to enforce the new regulations.

New Legal Requirements

The newest updates create worker protections dealing with Covid-19, criminal background check stipulations, and rules for providing notifications to candidates. The California Worker Protections Fair Chance Act prohibits the majority of employers from inquiring into a candidate’s criminal past before a conditional offer of employment has been made. Employers can’t include any questions that request the disclosure of criminal history to ensure the candidates are being judged on merit and not past indiscretion.

Arrests that didn’t end up with convictions may not be used as consideration for employment, with a few exceptions. The employer can’t revoke a job offer until they have reviewed and conducted an individualized assessment while providing the candidate time to respond to the allegations before the employer can make a final decision. After the assessment, if the employer revokes the offer, they must wait five business days for the candidate to respond.

The employer must notify the candidate in writing if the offer is denied. This is only after the fair chance process has run its course.

Why It Matters

Employers should make sure that all screening and hiring policies and processes are updated and revised to align with the DFEH’s guidance. Employers who rely on a candidate’s criminal history to make an employment decision must follow the Act’s specific personalized assessment and notice requirements. Background screening options that identify the potential impact of the fair chance act might help mitigate the risks of regulatory action, hearings, or other exposure that can harm an employer’s brand and status.

The post California Worker Protections and the Fair Chance Act appeared first on Blueline.

Workplace Injuries are Climbing

Manufacturing, construction, and transportation sectors tend to have higher rates of injury than most due to the industries’ nature. As a result of accidents happening at work, the employee and the employer face challenging times ahead.

The loss of salary, time, and increased healthcare expenses all contribute to the stress and worry of dealing with injuries. While several things can cause workplace accidents, drug and alcohol usage is a rising factor in on the job accidents.

Positive Tests on the Rise

An analysis from the Quest Diagnostics Drug Testing Index shows a significant increase in positive tests over the last five years. The number of people working under the influence of drugs and alcohol is on the rise as well. The safety-sensitive workforce is experiencing the highest levels of post-accident positivity rates as measured by the Department of Health and Human Services (HHS).

Drug Testing Programs

Drug testing programs can help an employer’s lower workplace accidents and injuries. Pre-employment drug testing is a great way to keep potential users from even applying for the job. Focusing on workplace safety initiatives within your company should include a drug testing policy. It will show prospective employees that you care about the health and well-being of all the employees.

There are several positive reasons to implement a testing program. The most important reason is the safety of your employees.  A safe workforce is a productive one.

The post Workplace Injuries On The Rise appeared first on Blueline.

What if you have an employee that lives in one state and works in another? How does this work with legal medical or recreational marijuana?

Being a multi-state employer means dealing with employees who work in different states and dealing with different laws and regulations in each area. It can definitely be a headache at times, especially when dealing with drug testing and medical marijuana.

The list of things employers need to know in order to stay compliant can seem nearly endless at times: state laws, federal regulations, city-specific regulations, workers’ compensation laws, employment laws, etc. This is made even more difficult with the recent changes to marijuana legalization.

There is no ‘one-size-fits-all’ solution for staying compliant, but employers should work hard to stay on top of their drug testing policy and make sure it is up-to-date with regularly changing state and federal laws.

How Do Laws Work Together? What If I Have An Employee That Lives In One State And Works In Another?

Unfortunately, there is no governing case law that outlines which drug use and testing laws trump others.

However, employers may find it useful to study court cases that have dealt with conflicting state laws in order to help inform their decisions. One court case that may help provide some insight about competing state laws is Olsen v. Push, Inc.

In 2014 Olson v. Push, Inc., the District Court ruled that drug testing should conform with procedures and practices prescribed in the state where the employment takes place and not those of the state where an individual lives or applies for employment.

However, this initial decision was reversed and remanded back to the District Court in 2016 by the United States Court of Appeals.

While neither of these decisions is binding, this case may be useful for employers to review for guidance.

We also strongly recommend keeping detailed drug testing policies in your employee handbook. You should have additional sections for each regulated jurisdiction in which you have employees. Again, this is where specialized legal counsel would be very beneficial.

Ultimately, multi-state employers need to find a way to comply with the individual laws in each state which they do business. And if you have employees that are governed by federal laws related to drug testing, like DOT or NRC employees, you need to comply with those federal regulations as well.

What Laws Should Employers Be Aware Of?

There are a lot of unusual and almost “hidden” laws sometimes within drug testing. While we still highly recommend consulting an expert within your own areas of employment, here are a few unusual regulations that could be good to take note of.

• Boulder, Colorado: There are specific restrictive drug testing laws that only apply to employers who operate within Boulder city limits.
• California: No statute that specifically regulates drug testing in the private sector exists. However, there is case law that affects who can be tested and under what circumstances. Random drug testing is permitted for safety-sensitive positions. (Note: San Francisco is another city that has its own separate ordinances for employers)
• Connecticut: A drug testing friendly state, though its law places restrictions on random testing and requires reasonable suspicion for all other types of testing. Employers must give all prospective employees written notice at the time of application of their intent to conduct a drug test.
• Colorado: No comprehensive law regulating or prohibiting drug testing. (Note: Boulder has its own separate regulations)
• Delaware: No comprehensive law regulating or prohibiting drug testing. An employer may not discriminate against a person in hiring, termination, or any term or condition of employment based on the person’s status as a medical marijuana cardholder.
• Illinois: Effective January 1, 2020, the Cannabis Regulation and Tax Act provides broad workplace protections for employers specifically stating that nothing in the act prohibits an employer from adopting a reasonable zero-tolerance or drug-free workplace policy. Employers that choose to discipline employees for being under the influence or impaired by marijuana must give the employee a reasonable opportunity to contest the basis of the determination that the employee was under the influence or impaired. Additionally, disciplinary action based on the use of legal substances outside of work is prohibited.
• Louisiana: Very few restrictions on employers, but employers are required to take adverse action based on a positive drug test use certified laboratories and specific testing procedures.
• Maine: Very rigid laws for employers with limits on when tests can be done, strict policy and employee notification rules, as well as statutes that mean all drug testing policies must be approved by the state labor department.
• Massachusetts: This state does not have a drug testing statute, though there have been landmark legal decisions that have shaped how drug testing can be conducted. The state’s narrow privacy law also impacts workplace drug testing.
• Michigan: Employers are limited in pre-employment testing to job applicants in “test-designated” positions including those requiring a commercial driver’s license, individuals operating machinery or emergency vehicles, and those with law enforcement powers. Post-accident testing is limited to accidents which result in death or serious personal injury and arise out of five specific situations. 
• Nevada: Effective January 1, 2020, it will be prohibited to deny employment because of a positive marijuana test. Certain exceptions apply for fire fighters, emergency medical technicians, or where an employer determines that marijuana use could adversely affect the safety of others.
• New Jersey: Employees are protected by an anti-discrimination clause in the Medical Cannabis Act that prohibits employers from taking any adverse action against a registered qualifying patient solely based on the individual’s status as a legal marijuana user. Employers must provide notice to applicants and employees who test positive for cannabis that they have the right to provide a “legitimate medical explanation” for the positive result within three days.
• New York City, New York: Beginning May 2020, employers in New York City will be unable to test job applicants for marijuana. There are several exceptions including for police officers, commercial drivers, and employees dealing with the building code.
• San Francisco: Random testing is totally prohibited unless required by a federal law mandating drug testing. 
• Texas: No limits are placed on the right of private employers to adopt drug and alcohol testing for their employees. There are limits, however, for public (government) employees.
• Vermont: Restrictions placed on random drug testing.

The post Multi-State Employers: Drug Testing Compliance appeared first on Blueline.

Along with CBD oil’s newfound popularity, however, a new onslaught of legal and best practice questions have emerged for employers.

Will CBD products impair my employees or endanger my workplace? If an employee or applicant tests positive on a drug test and blames it on CBD, what should we do? Should we allow CBD products in a zero-tolerance workplace?

Understanding CBD and THC

Before diving into these questions, it’s important to understand the different kinds of CBD products there are on the market and how THC may play a role in them.

THC is the main psychoactive ingredient in cannabis and what causes most of the mind-altering or “high” effects of the plant. It is also usually present to a small degree in most CBD products. The amount of THC in CBD products can vary based on the manufacturer, product, and what variety of cannabis the CBD was derived from.

CBD can be extracted from both hemp and marijuana. Hemp and marijuana are both varieties of the cannabis plant. However, hemp is a variety that contains considerably less THC concentration than the marijuana strain—usually less than 0.3 percent.

Recent federal legislation has removed hemp and hemp-derived products (including CBD) from Schedule I of the Controlled Substances Act. This means that hemp and hemp-derived products are no longer considered to have “no.. accepted medical use and high potential for abuse” by the federal government. A 2015 NIH paper also said that although much about the CBD is still unknown, they believed that CBD use wouldn’t impair employees.

That being said, some CBD products are derived from marijuana (instead of hemp) and have higher levels of THC. Additionally, a study was performed in 2017 and found that nearly seven in ten CBD products do not contain the amount of THC advertised—meaning that users can be getting more than they bargained for. CBD products are not regulated, so as a user it can be hard to find assurance that your product is exactly what you believe it to be.

Current State Legislation on CBD

Fourteen states currently have a legalized CBD oil program with most of those programs requiring that the CBD be extracted from hemp and contain less than 1% THC.

Below is a chart that outlines the current states with CBD oil programs. This chart was shared in OraSure Technologies’ newsletter What’s the Buzz – you can find more in that article here.

Employment And CBD

So what can you do as an employer?

The Society for Human Resource Management (SHRM) recently discussed some of the complications that cannabis oil presents for drug testing.

“If an employee is taking CBD or cannabis oil… in accordance with a state’s medical marijuana laws, there may be some state law protections for the employee. Otherwise, employers with zero-tolerance drug policies are free to discipline employees for failing drug testing, even if the ingestion of THC was inadvertent.”

You probably won’t be able to tell whether a positive test for THC was caused by the use of CBD or cannabis oil rather than marijuana use. However, you can look for other signs of impairment such as red eyes and delayed reaction times and make sure that your supervisors are trained to recognize and handle drug impairment symptoms. If someone does test positive for THC, it may be best practice to have a conversation with that person first to see if they have a reason for the positive test.

Ultimately, most of the decisions are up to you as the employer. Whether or not you decide to take adverse employment action should depend on the applicable state laws and the nature of the individual’s job. Disciplinary action for a positive THC test, even if it were due to the use of cannabis oil, are likely to be justified if it is a federal or safety-sensitive position.

The post CBD Oil: What Employers Should Know appeared first on Blueline.

We’ve outlined some simple steps on how to get started with background checks and what the process looks like! Hopefully these steps help answer some of your questions.

1. Establish A Background Check & Drug Testing Policy

The first step to running background checks is establishing a clear and consistent policy on how your background checks (and/or drug testing) will be performed. This will not only help protect yourself and your company from discrimination/liability issues, but it will also help your entire screening process run more smoothly and efficiently.

Your screening policy should be drafted by both your HR department and legal counsel. Together, they should be able to create a policy that will work for your specific needs, industry, and location. We also have a generic policy that we can send you to help you get started with drafting your own screening policy. SHRM is also a great resource for generic policy outlines. But please remember! Employment laws differ in different states or counties as well as within different industries so please make sure you are familiar with laws that may apply specifically to you.

2. Consent Form

The next step is to provide your applicant with a consent form. They must sign this in order for you to be able to legally perform a background check or drug test. Once you have received the applicant’s consent, you can then move on to the next step.

3. Run The Background Check Through Our System

Now that you have consent, you can run your background check! We have multiple options or ways in which you can run the applicant’s information through our system.

–ATS Integration: (integration option) Our system can easily integrate with a wide variety of applicant tracking systems and HR software. This means that you can easily access screening data about your applicant from within your system.
–Quick App Pro: (link option) A lot of our clients feel that this is the easiest and best option. If you want to use QuickApp Pro, we will set up a customized link for your account. This can include your logo and custom verbiage for your clients. You can embed this link into your website or email it out—whatever is easiest for you! With this option, the applicant’s information will be sent electronically into our platform where we can process the background. We will then email you the results with a flag or not flagged status.
–Quick App: (email option) This option is also a great way to save time and cut down on potential mistakes. You will need to login to our platform and input your applicant’s first and last name along with their email address. The platform will then send the applicant an email asking them to complete their background check. We can set this emailed link to expire in however many days you would prefer.
–Manual Entry: (entry option) The entry option does require a little bit more work and review for you, but we still have a variety of clients that utilize this option. With this option, you have the applicant fill out a paper authorization form and then enter all of that information manually into our platform for us to process.

If you are not a client with Blueline Services, please ensure that your screening provider is a certified FCRA-compliant Credit Reporting Agency. The Fair Credit Reporting Act has established guidelines and regulations that screening providers must adhere to under federal law.

4. Receive Results & Make A Decision

Our system will help you stay up-to-date on any progress with your applicant’s screening. Once we have performed all of the checks and verifications you selected in your screening package, we will send you an email with a link to your applicant’s screening results.

After receiving the results, you are then able to make a more informed hiring decision!

(Please remember that in states where ban-the-box rules apply, you must make a hiring decision first before running a background check.)

4. Follow Pre-Adverse And Adverse Action Requirements

If you decide to hire the applicant that you ran the background check on, then you are good to go! The screening process for hiring that applicant ends here and you are able to send them an employment offer.

However, if you decide to deny an applicant based on findings from your screening report, you must send that applicant both a pre-adverse action letter and adverse action letter. This gives the applicant a chance to review and respond to the findings within their background check. Applicants are given 30 days to appeal if they feel a mistake has been made.

Within our screening system you are easily able to send out both automated pre-adverse and adverse action letters. They are available within a dropdown menu in our system.

After your decision has been made, send out the pre-adverse action letter in order to inform the applicant of your denial and give them a chance to appeal. Then, after a reasonable amount of time has passed for the applicant to be able to respond to the letter (around 3-6 days), you can send the adverse action letter. (please note: the applicant will have a total of 30 days from when the initial pre-adverse action letter was sent to appeal the findings)

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Those outline the basic steps to running employment background checks. If you have any further questions about this process or need to get started with your own screening process, please don’t hesitate to reach out!

Have questions about what’s included in an employment background check? Take a look at our post here about some basic employment background check options!

The post How To Run Employee Background Checks: A Simple Guide appeared first on Blueline.