Below is an excerpt of an article co-authored with Emily A. Zaklukiewicz, a member of Robinson+Cole’s Labor, Employment, Benefits + Immigration Group, that was published in ISHN on May 6, 2021.

Drug testing in the workplace, especially in the manufacturing industry, has become a common part of pre-employment screening and health/safety measures in the workplace, which may include random, post-accident, and reasonable-suspicion testing. That being said, many employers are re-thinking their testing approach in light of legal changes and societal shifts related to drug use and, more specifically, marijuana use. In recent years, as the number of states legalizing medical and/or recreational marijuana has grown, manufacturers have been grappling with how to comply with their legal obligations while also balancing the need to maintain a safe workplace, attract qualified applicants, and avoid potentially unnecessary pre-hire screening. Read the full article.