“It’s another sign synthetic marijuana is surging in popularity. Employers can now drug test their workers to find out if they’re using synthetic marijuana.

‘There are new tests that have come about in just the last couple of years, both lab based and instant tests, that are now available for testing for these substances,’ said Karen Kitchen, the owner of USA Mobile Drug Testing of Cleveland.

Kitchen said synthetic marijuana use has quickly become epidemic in Ohio and the U.S. The drug was blamed for 11,406 emergency department visits in 2010, according to the Drug Abuse Warning Network…”

Read the full article here »

Case name: Kabler, 112 NYWCLR 263 (N.Y.W.C.B., Full Board 2012).

Ruling: The New York Workers’ Compensation Board held that an assistant’s claim was barred because her injury was solely occasioned by intoxication from alcohol while on duty.

What it means: In New York, an employer is not liable for compensation when the injury was solely occasioned by intoxication from alcohol of the injured worker while on duty.

Summary: The board held that a personal assistant’s claim was barred because her injury, sustained when she allegedly tripped over a handbag at a store and fell while working, was solely occasioned by intoxication from alcohol while on duty. Tests at the hospital indicated a .234 blood alcohol level. In denying benefits, the board noted that both the employer and a store employee observed the assistant at the time of the accident and never saw her trip over a handbag strap. Evidence indicated she fell due to a syncopal, or low blood pressure, episode, and the episode occurred while she was working. Furthermore, the evidence supported a finding that the assistant’s syncopal episode was the result of alcohol intoxication. The hospital records and the description of the fall given by the assistant’s employer and the store employee were reasonably sufficient for the board to conclude that the assistant’s fall occurred as a result of her intoxication. There was no evidence of any other cause for her fall, and the board was not obligated to “expressly negate all the alternate hypotheses which might be considered as possible contributory factors.” Because the assistant’s injury was solely occasioned by intoxication from alcohol while on duty, the injury did not arise out of her employment.

Learn more about the intoxication defense from Compliance Specialists at USA Mobile Drug Testing.  Click Here and provide your State and the words intoxication defenise for a free report.

Thursday, April 25, 2013 -A Colorado Court of Appeals says employers can fire workers who test positive for marijuana – medical, recreational or otherwise.

Medical and recreational marijuana may be legal in Colorado, but employers in the state can lawfully fire workers who test positive for the drug, even if it was used off duty, according to a court ruling Thursday. .

Colorado and Washington state law both provide for recreational marijuana use. Several other states have legalized medical use. The ruling concurs with court decisions in similar cases elsewhere and comes as businesses attempt to regulate pot use among employees in states where the drug is legal.

The case involves Brandon Coats, a telephone operator for Dish Network LLC. Paralyzed in a teenage car crash, he’s also been a medical marijuana patient in Colorado since 2009. Coats was fired in 2010 for failing a company drug test, though his employer didn’t claim he was ever impaired on the job.

Coats sued to get his job back, but a trial court dismissed his claim in 2011. The judge agreed with Dish Network that medical marijuana use isn’t a “lawful activity” covered by the law.

Thursday’s decision comes as lawmakers are debating how to regulate legalized marijuana for anyone 21 and older. Amendment 64, the measure that legalized use and possession of up to an ounce of marijuana for adults, says employers can still create drug policies governing marijuana. A state task force subsequently recommended that section be interpreted as allowing employers to fire employees for off-the-job marijuana use.

Joe Strom, CEO of USA Mobile Drug Testing stated “Employers must be careful to address the medical and recreational marijuana issue in their Drug Free Workplace Policies. Not having a comprehensive policy can cause problems for any employer conducting workplace drug testing.”

USA Mobile Drug Testing is excited to announce that our two new franchisees have completed their classroom training. Paul Pike of Nashville, TN and Sean Cullen of Syracuse, NY are currently making their way home to embark on their new endeavor as USAMDT Compliance Specialists. We would like to give them a warm welcome as they are officially a part of the nationwide system.

Mobile collections are now available in Nashville, TN and Syracuse, NY. Their contact information can be located on the dashboard under the Resources tab. For those that would like to personally contact Paul and Sean and welcome them to the team, their information is as follows:

Paul Pike
Nashville, TN
615-777-9297
Paul.pike@usamdt.com
USAMDT of Nashville – East Region

Sean Cullen
Syracuse, NY
315-254-6664
Sean.cullen@usamdt.com
USAMDT Empire State – CNY

Screening applicants helps you avoid risks.
No one can tell you exactly how an applicant will perform in the future, but by performing a comprehensive background check you can take a big step toward heading off potential problems. Applicant screening represents a good-faith effort on your part to minimize the chances of hiring a troublesome or possibly dangerous employee, and helps shield you from claims of liability.

Screening applicants is cost-effective.
Applicant screening is becoming more important than ever, and now it’s more cost-effective than ever. Because we specialize in applicant screening and have developed highly effective and extraordinarily efficient tools, we deliver best-in-class services at a very affordable cost. In fact, we believe it would be impossible to perform background checks less expensively even if you did it yourself.

• Approximately 20% of applicants LIE about their experience. They don’t      exaggerate, they just outright lie.
• Almost 25% of all resumés contain at least 1 major fabrication.
• Almost 30% of applicants overstate their responsibilities and qualifications.
• Approximately 10% lie about having a criminal record. Consider that the average length of prison time served for all crimes is approximately 7 years, including rape, robbery, theft, and murder.
• More than 10% of applicants misrepresent their reasons for leaving their past employers.
• Employee theft or embezzlement causes 30% of new business failures.
• Internal theft is 15 times more prevalent than external theft.
• 7% of rapes, 8% of robberies, and 16 percent of assaults occur at work.

USA Mobile Drug Testing provides applicant screening services that help you make decisions based on fact, not speculation.  Background checks make sense.

The study found that a rise of 3 percent in unemployment is associated with a 28 percent increase in deaths from alcohol abuse and a 4.5 percent increase in suicides in the population younger than age 65. “Suicides are just the tip of the iceberg” said lead author David Stuckler, PhD, of the University of Oxford and London School of Hygiene and Tropical Medicine. “Rising suicide rates are a sign of many failed suicide attempts and high levels of mental distress among workers and families.”

With U–6 unemployment figures hovering at just under 14%, this is a substantial risk. Employers need to be aware of the signs of substance abuse because workers often turn to alcohol or drugs during times of stress. That goes for current employees as well as potential new-hires because current employees may be concerned about the stability of their own job while potential new-hires may have been abusing alcohol or drugs to cope with their unemployment.

For help ensuring that your employees are alcohol and drug free, which improves health, productivity, and safety, contact one of our compliance specialists today!

Pictured from left to right are Dennis Brogan, President; Joe Strom, CEO of USA Mobile Drug Testing, LLC; Pat Sweeney, CEO; and Sean Cullen, Regional Director.

Joe Strom, CEO of USA Mobile Drug Testing LLC;  joined the newest USA Mobile Drug Testing franchise operation for this safety exhibition. Dennis Brogan and Pat Sweeney are the owners of USA Mobile Drug Testing – CNY and Cullen is their newly appointed Regional Director.  Joe Strom stated “The trucking industry throughout the United States counts on USA Mobile Drug Testing for compliance and 24/7 availability.  I felt it was very important to join our new partners at this gathering of trucking professionals and regulatory officials.”

USA Mobile Drug Testing – CNY offers drug and alcohol testing compliance services to trucking companies throughout Central New York.  Headquartered in Syracuse, NY; 24/7 services will be offered to help New York trucking companies comply with the regulations regarding post-accident, reasonable suspicion and random drug and alcohol testing.

For additional information contact USA Mobile Drug Testing * www.usamdt.com * 800-851-2021

MIAMI (AP) — Gov. Rick Scott may get at least some of his state worker random drug testing program reinstated.

Judges on the 11th U.S. Circuit Court of Appeals said at a hearing Friday that a lower court’s decision invalidating all drug tests for some 85,000 workers may have been overbroad. The judges said it’s clear that drug testing is constitutional for some workers, such as those in law enforcement.

No immediate ruling was issued. One appeals judge indicated the panel might send the case back for a narrower ruling allowing testing of workers in safety-sensitive positions.

Scott’s executive order on drug testing was ruled unconstitutional last year by a Miami federal judge as an unreasonable search.

Opposing drug testing are a state workers labor union and the American Civil Liberties Union.

There are many sound reasons why employers have zero tolerance policies and engage in drug testing (including marijuana) of applicants and/or employees, including customer requirements, government contracting requirements (e.g., the federal Drug Free Workplace Act), federal or state laws (including DOT requirements for transportation workers), workplace safety, productivity, health and absenteeism, and liability.

Marijuana still remains illegal for all purposes under the Federal Controlled Substances Act.  Employers simply do not have to condone illegal drug use, possession or influence at their workplace.

In light of state marijuana legalization efforts, to best protect themselves, employers should review their policies to make sure that illegal drug use under both state and federal law is prohibited, and that their policies prohibit any detectable amount of illegal drugs as opposed to an “under the influence” standard. Employers should also ensure that all levels of their human resources personnel know how to handle medical marijuana issues as they arise.

Sample Policy Language:

The company prohibits employees from reporting for work with an illegal drug, including marijuana (medical or otherwise), in his or her system. The company enforces this policy consistently with respect to all drugs, including medical marijuana, as the law allows the company to do.

USA Mobile Drug Testing encourages companies with employees in a medical marijuana State or Colorado/Washington (with legalized recreational marijuana); to have legal counsel review all Non-DOT drug testing policies.

Ethyl Alcohol Test – also known as a UA or urine alcohol test.  The detection time is 1 – 12 hours.  There are several concerns with using urine alcohol for workplace testing and in evaluating whether a person is impaired by alcohol or has consumed beverage alcohol, including the following:

• A positive urine alcohol test is not indicative of alcohol impairment nor does it definitively indicate beverage alcohol consumption.
• If an individual is a diabetic and has a yeast or bacterial infection, fermentation can take place. Fermentation is the process of the yeast/bacteria consuming glucose resulting in the production of alcohol. It is possible that the glucose may no longer be detectable as the yeast/bacteria may have already consumed all the glucose.
• Individuals spilling sugar into the urine for whatever reason can also cause fermentation if yeast or bacteria are present and if the transit time is prolonged. The longer the specimen is in transit the chances of fermentation occurring are greater.
• Urine testing for alcohol is not covered under current laboratory certification standards and testing protocols.
• It is currently the least effective method in determining the amount of alcohol in the body.
• The blood to urine ratio has a wide range and can be affected by many factors, therefore, it is difficult to equate a urine test result for alcohol to a particular blood or breath alcohol level.

USA Mobile Drug Testing recommends breath alcohol testing for workplace clients who wish to determine impairment or prohibited use of alcohol.  This is also the DOT requirement.  In Florida, under the Florida Drug Free Workplace Program; a blood alcohol test is required.  Other States might have particular rules concerning alcohol testing, please always check your State Laws.

Zero Tolerance and Abstinence Testing

Ethyl Glucuronide (EtG) – a direct metabolite of beverage alcohol (ethanol). Its presence in urine may be used to detect recent alcohol consumption, even after ethanol is no longer measurable. The presence of EtG in urine is a definitive indicator that alcohol was ingested.  Detection time is up to 80 hours.  This is an ideal test for Ideal for zero tolerance and abstinence situations.

Regarding EtG it important to realize that Tests show that “incidental exposure” to the chronic use of food product (vanilla extract), hygiene products, mouthwash, or OTC medications (cough syrups) can produce EtG concentrations in excess of 100 ng/mL. Most alcohol abstinence programs require an agreement to avoid all products containing alcohol, including: mouthwash, Nyquil, OTC medications, etc. Consumption of these products could produce a positive test for alcohol and/or EtG and would thus violate this agreement.

As with all drug test results, it is best to think of EtG results as simply Negative or Non-Negative. The level of EtG reported, which might, for example, be as low as 600, or as high as 100,000 does not necessarily reflect greater or lesser drinking. Many factors can affect the level of EtG detected in an individual’s urine sample, so avoid making undue assumptions based on EtG detection levels reports.

Ethyl Sulfate (EtS) – In addition to EtG, recent scientific studies have identified ethyl sulfate (EtS) as a second specific metabolite or biomarker of ethanol. For this reason, our labs test and report EtS, in conjunction with EtG, to confirm recent ethanol ingestion or exposure. The detection of EtG and EtS offers greater sensitivity and accuracy for determination of recent ethanol ingestion, than by detection of either biomarker alone.