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By Katherine Fechte on August 10, 2016 at 11:20 AM

Instead of taking effect Aug. 10, OSHA anti-retaliation provisions impacting post-accident drug-testing policies are now deferred until Nov. 1.The enforcement of anti-retaliation provisions in new injury and illness reporting regulations for employers has been delayed until Nov. 1, 2016.

On May 11, 2016, the Occupational Safety and Health Administration (OSHA) published the final rule revising its regulations on the recording and reporting of occupational injuries and illnesses. The final regulations, which require employers to electronically submit information about workplace injuries and illnesses, also bar employers from retaliating against workers for reporting such incidents.

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By Stephanie Hammer on July 16, 2015 at 4:59 PM

Decision may have relevance for Illinois employers as well

Colorado marijuana flagIn a recent and somewhat surprising decision, the Colorado Supreme Court concluded that an employer legally fired an employee for violating the company’s zero-tolerance drug policy, even though the employee’s marijuana use was off-duty and legal under Colorado law.

The decision, Coats v. Dish Network, LLC, 2015 CO 44, was surprising in part because Colorado’s “lawful activities statute” makes it unlawful and discriminatory for an employer to discharge an employee for “lawful” activity outside of the workplace.

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By Molly Batsch on April 1, 2013 at 3:25 PM

Drug test results sheetThe use of medical marijuana is currently authorized in 18 states and the District of Columbia. Two of these states—Colorado and Washington—have also legalized the recreational use of marijuana. Despite these recent changes in state law, marijuana remains illegal under federal law, creating confusion as to how the passage of these laws will affect employers’ rights in the workplace.

The simple answer is that state laws legalizing marijuana (whether for medicinal or recreational use), do not change an employer’s rights. Federal law still prohibits the use of marijuana, even for medicinal purposes. 

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