Healthcare & Pharmaceutics

State Medical Marijuana Legalization and OSHA Anti-Retaliation Rules: Post-Accident Drug Testing Considerations for Employers

Although disability laws and state laws permitting medical marijuana use do not override employer policies prohibiting illegal drug use, OSHA views current drug testing methods as an ineffective way of determining whether a drug-related impairment caused or contributed to a workplace accident, and thus mandatory post-accident drug testing as a form of retaliation.

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