Zero Tolerance Drug Policies and the Opioid Epidemic

Greg Boles
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Partner at The Boles Firm | Experience Matters

The opioid epidemic is getting so bad that employers with zero tolerance drug policies are having problems hiring and retaining employees who will not flunk drug tests.  To deal with this, many employers are no longer firing employees automatically if they test positive for prohibited drugs. Instead, they are increasingly providing such employees with "last-chance agreements" in which the employee must agree to drug counseling and testing as a condition for continued employment.  Refusal to participate in the program ordinarily constitutes immediate grounds for discharge, and the employer retains the right to fire or discipline employees who fail additional testing. I believe this will be a major trend in 2018. 

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