Drugs and Alcohol

Our attorneys can help you navigate the complicated network of federal, state, and local substance abuse and testing laws and assist with the human and workplace ramifications of worker substance abuse issues.

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Our unparalleled depth of experience can help you develop innovative solutions to the specific challenges presented by workplace drug and alcohol issues.

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Your Strategic Partner

We know that employers face difficult choices when employees violate drug and alcohol rules, face criminal investigations, or seek assistance with substance abuse issues.

Our team has decades of federal, state, and local experience in workplace drug and alcohol testing and compliance advising and is uniquely positioned to anticipate and assist our clients in managing compliance and counseling issues.

Dedicated to staying informed of legal developments and technical advancements, we provide guidance that respects employer culture, time, costs, risk tolerance, and safety concerns. We are incomparably prepared to provide immediate counsel and robust representation when you face unexpected challenges. We are also ready to advise you on unique testing and policy obligations involving transportation and other regulated industries.

Led by recognized authorities on workplace substance abuse and testing issues, our team has decades of experience in presenting and training on drug and alcohol-related employment laws.
Because of our diverse professional backgrounds, we offer unique and valuable perspectives to workplace substance abuse issues. Our network of attorneys is ready to assist clients with compliance issues.
We craft multi-jurisdictional solutions to the unique challenge of ensuring a drug-free workplace in an environment created by often contradictory state and local laws and regulations.
We advise clients operating in a wide range of regulated and nonregulated industries, including transportation, construction, manufacturing, retail, office-based, and heavily regulated.

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A Changing Environment

Attitudes and perceptions of the dangers posed by drugs like marijuana and psylocibin are changing, as is the science of testing for substance misuse and impairment.

We have drafted thousands of substance abuse and testing policies and have counseled just as many employers on compliance with regulations addressing occupational safety, prescription drugs, and fitness-for-duty assessments, as well as the workplace implications of having employees who engage in the medical and recreational use of marijuana.

Create substance abuse policies with drug and alcohol testing components for geographically diverse clients by working with those clients to create tailored approaches to ensure compliance across all 50 states.
Assist employers offering pharmacy inventory services to ensure drug and alcohol program meets federal and industry monitoring standards.
Advise on how to approach employees at any level exhibiting symptoms of substance abuse and developing plans to assist those workers on a successful return to work while protecting employer from liability.
Help to navigate workplace safety concerns associated with greatly expanded use of cannabis products and employment protections for off-work use in their home state.
Update drug and alcohol testing policies to take advantage of best technologies and focus on impairment.
Counsel clients in regulated industries on compliance with federal and state regulatory requirements mandating a drug-free workplace and drug and alcohol testing.

Drug and Alcohol Testing Policy Development

We resolve testing issues for regulated and non-regulated employers, benchmark initial testing decisions, and help to develop, implement, and administer drug and alcohol testing policies, including mandated and industry-specific protocols.
Drug Testing Law Compliance

We advise on state and local drug and alcohol testing laws, ensuring compliance with legal requirements, privacy protections, and reporting obligations. We offer expert strategies tailored to your workforce for practicality and accuracy.
Marijuana, Cannabis, and CBD Advice

Our comprehensive counsel will address the ongoing changes to federal, state, and local laws on marijuana, cannabis, and CBD, and we maintain a detailed marijuana in the workplace survey as a client resource.
“Last Chance” and Continuing Work Agreements

We assist in the creation and management of last chance agreements and fitness for duty evaluations, providing structured support for employers working with employees facing substance abuse issues.
Union Bargaining and Labor Compliance Strategies

We develop effective strategies for unionized workplaces, helping implement drug-free workplace programs that meet current legal standards while ensuring compliance with labor laws and collective bargaining agreements.
Safety Advice

We provide seasoned guidance on balancing employee rights against employer safety concerns when employees may be impaired.
Guidelines and Training

We conduct or support reasonable suspicion training to help supervisors document and recognize when such testing is appropriate, enhancing safety and compliance. We provide guidelines for managing employee alcohol consumption rules.
Drug-Free Workplace Act Compliance

Our team helps employers comply with federal and state drug-free workplace laws, including the creation of statements and education/awareness programs.
Litigation Support

We develop strategies to reduce liability in disputes over employee misconduct involving substance use or discrimination/retaliation claims arising from dismissal after positive test results and defend against related litigation if needed.