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Court Debates Disability in Drug Case

Employers know that, despite preventive measures, accidents can happen. But accidents involving employees who might be under the influence have particular gravity, as they can indicate or lead to larger problems.

At Dura Automotive Systems Inc.'s Lawrenceburg, Tenn., facility, employees routinely assembled vehicle windows, tested products and drove forklifts. When the plant's accident rate surpassed that of comparable plants, management suspected that drug use--illegal or legal--might be to blame.

Users and Abusers

The changes in the ADA's definition of disability and state-specific testing laws can make it challenging for employers to confidently establish drug policies. "If you're an employer with employees in all 50 states, it really is an administrative headache," says Kathryn Russo, a partner at Jackson Lewis and leader in the firm's Drug Testing & Substance Abuse Management Practice Group.

Ashley Post

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