Clearing Up The Smoke For Wash. Employers Post-Election

Law360, New York (November 13, 2012, 5:48 PM EST) -- For a variety of sound reasons, it is common for employers in Washington state and elsewhere to have zero-tolerance drug testing policies and programs that test for illegal drugs, including marijuana. Commonly stated reasons for such policies include, among other reasons, workplace safety, productivity and efficiency, health and absenteeism, third-party liability, insurance premium reductions, government contracting requirements, customer requirements and federal or state laws.

During the November 2012 election, voters in Washington state passed Initiative 502, which purports, among other things, to legalize, regulate and tax the sale of small amounts of marijuana to adults who are age 21 or older....

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