Can you test your employees for drug and alcohol use? Who can you test and when? What substances can you test for? What about marijuana in states where it has become legal? Navigating this fast-changing area of employment law can be especially tricky.
To help you navigate this complex issue, Constangy has a team of attorneys that stay up-to-date on the latest federal and state laws and policy guidelines. We can work with you to make sure your drug and alcohol policies and testing processes meet all federal, state, and local legal compliance requirements; reduce your organization’s liability risk; and help you maintain a safe, drug-free, and effective workplace.
We assist with customized federal- and state-specific policy and forms toolkit development; DOT regulations and state drug testing laws in all 50 states; onsite supervisor training and distance learning; assist with compliance; and provide advice on hiring and severance procedures.
Constangy will answer state-specific questions about your drug testing policy such as:
- What personnel can you test?
- What substances can you test for?
- Can you test with instant products or use lab services, or both?
- Can you complete collections onsite or send your personnel to off-site collection facilities, or both?
- Under what circumstances can you drug and alcohol test?
Constangy develops customized policies and form packs for the following Department of Transportation (DOT) covered industries:
- Federal Motor Carrier Safety Administration (FMCSA)
- Federal Transit Administration (FTA)
- Pipeline and Hazardous Materials Safety Administration (PHMSA)
- Federal Aviation Administration (FAA)
- United States Coast Guard (USCG)
- Mine Safety and Health Administration (MSHA)
- Supervisor Reasonable Suspicion Training in accordance with DOT guidelines
Constangy Flat-Rate Pricing Available!
Complete the applicable intake form below, and email to Tommy Eden at email@example.com or Emily Andrews at firstname.lastname@example.org. You will receive a flat-rate price for your customized policy and forms toolkit project within 48 hours, or a contact for further information. Work on your project will not begin until you have confirmed a flat-rate engagement agreement with Constangy.
- DOT Drug Free Policy Form
- State Drug Free Policy Form for Public Entities
- State Drug Free Policy Form for Private Entities
We give employers critical decision making guidance with regard to:
- Reasonable suspicion determinations and documentation
- Documenting appropriate disciplinary actions for violators
- Prevailing in unemployment compensation disqualification cases
- Prevailing in workers' compensation disqualification cases
- Negotiating last chance and work continuation agreements
- Response to regulatory fines and inquiries
- Union negotiations of Drug Free Workplace Policies
- Fitness for duty determination strategies
- Medical Review Officer protocols
- Laboratory Corrective Action Plans
- Collector Correction Affidavits
- Substance Abuse Professional regulatory compliance guidance
- Navigating DOT Medical Examination fitness issues
- Medical marijuana in the workplace risk reduction
- Public employee testing precautions
- Webinar: FMCSA’s coronavirus guidance - 4.30.20
- WEBINAR - Reporting to the FMCSA Clearinghouse: Supervisor landmines, and how to sidestep them - 3.23.20
- WEBINAR FMCSA Clearinghouse to-do list: On the highway to compliance - 11.20.19
- Webinar - THE NEW FMCSA CLEARINGHOUSE GOES LIVE 1.6.2020 - 8.28.19
- Webinar - Weeding Out: Fitness for duty in the era of legal drug use - 8.1.19
- WEEDING OUT CANDIDATES: HOW TO REDUCE LEGAL RISK IN MARIJUANA STATES - 10.30.18
- Webinar - DRUG-RELATED TERMINATIONS: Top 10 mistakes and how to avoid them - 9.12.18
- Webinar: Top 5 DOT policy fixes for 2018 - 5.2.18
- Webinar - Dreaded DOT Safety Concern Letter: 5 steps to making a legally defensible fitness for duty determination - 4.3.18
- Webinar: Workplace solutions for opiate use and abuse - 3.8.18
- Getting ready for the new DOT drug testing rule - 1.11.18
- Webinar - Drug Testing Landmines for Public Employers - 2.15.17
- Webinar: Transportation employers, are you ready for the FMCSA drug and alcohol clearinghouse? - 1.19.17
- Webinar - Standing firm against marijuana in the workplace - 11.17.16
- Webinar - Don't panic! Employers should be able to continue most post-accident drug tests under OSHA's new "Reasonable Reporting Procedure" Rule - 7.28.16
- Webinar - Drug Testing and Disclosure of Legal Medications: Walking the ADA Tightrope - 9.29.15
- Webinar: 7 Drug-Testing Litigation Landmines for Public Employers, and How to Avoid Them - 8.25.15
- NYC expected to ban marijuana tests to weed out job applicants - 4.11.19
- Another caution for employers in medical marijuana states - 2.20.19
- Federal judge in Connecticut confirms medical marijuana protection - 9.11.18
- Drug testing quiz! - 8.31.18
- Due for a drug test? Stay away from poppy-seed bagels! - 8.10.18
- Medical inquiries and the ADA - 6.1.18
- This is NOT the way to beat a drug test. - 5.8.18
- Will drug testing become a thing of the past? - 3.6.18
- Thinking out loud about medical marijuana and reasonable accommodation - 7.28.17