Drugs and Alcohol

Helping employers navigate workplace substance abuse issues in a workplace landscape made increasingly complex by changing federal, state, and local law.

Efficiently addressing workplace substance abuse and complying with drug and alcohol rules, regulations and testing requirements can be challenging, given the range of obligations and restrictions imposed by federal, state, and local laws and the demands of customers and clients. Employers need trusted legal advisors who can deliver practical guidance to solve the complex issues at play, especially when states and even localities have their own rules. At Littler, our network of experienced attorneys bring solutions to the unique challenges of managing substance abusers and ensuring a drug-free workplace and drug testing compliance.

Our team understands the challenges and we are uniquely equipped to provide solutions.

As the world’s largest management employment and labor law firm devoted exclusively to workplace issues, Littler is uniquely equipped to advise on a moment’s notice and represent employers in disputes involving employee misconduct related to drug and alcohol use in the workplace, as well as to anticipate and assist in managing compliance and counseling issues.

Littler’s Drugs and Alcohol Practice Group attorneys understand the host of business and employment implications, as well as the human and workplace morale ramifications of these challenging situations. We help employers understand and make compliance and risk decisions when applying the intersecting federal and state laws relating to substance abusers, drug and alcohol testing, and workplace safety. We advise on these issues daily and have thoughtful and experienced counselors on issues such as the increasing acceptance of marijuana and marijuana products for medical and recreational use and the business and personnel implications of those changes. We have drafted thousands of substance-abuse prevention and testing policies, and we have counseled and assisted employers in complying with regulations and requirements addressing occupational safety, prescription drugs and fit-for-duty assessments. We are experienced in resolving testing issues for both regulated and non-regulated employers, as well as benchmarking on whether to test at all – and if so, when and how.

We know employers face choices when employees violate drug and alcohol rules, face criminal investigation, or seek assistance with substance abuse issues. Littler provides defensible options for employers facing these issues, with thoughtful consideration of employer culture, time, costs, risk tolerance and safety concerns.

Littler’s vast network of legal strategists and problem solvers will suggest innovative solutions to the specific challenges presented by drug and alcohol issues. With our dedicated focus on employment and labor laws, expansive resources and unparalleled depth of experience, we will work alongside you to implement a program that suits your needs.

Littler’s Drugs and Alcohol Legal Services

Here are some areas in which we provide up-to-date and reliable advice and assistance:

• Drug and alcohol testing policy development, implementation and administration, including employer-initiated testing and mandated testing (e.g., U.S. Department of Transportation), and industry-specific testing
• Timely advice on state and local drug and alcohol testing laws, as well as on relevant privacy protections and reporting obligations
• Federal and State Drug-Free Workplace Act statement and education/awareness compliance
• Supervisor training and substance abuse education resources, including documenting reasonable suspicion and recognizing symptoms of impairment
• Marijuana, cannabis and CBD advice and counsel, including our comprehensive marijuana and the workplace survey
• “Last chance” and continuing work agreements; fitness for duty evaluations
• Union bargaining and labor compliance strategies
• Social hosting and business entertainment alcohol consumption guidelines
• Technical drug and alcohol testing advice on effective strategies geared to your work force