October

"A Texas oil refinery whose substance abuse policy said an employee ""whose drug test is positive, regardless of the reasons for the test,"" would be considered in violation of company policy and ""will be terminated from employment"" meant what it said, a labor arbitrator has concluded. The policy, along with an agreement requiring that an employee seeking assistance for a claimed drug problem abstain from drug use, justified the discharge of an employee who tested positive for marijuana on a return-to-duty drug test. ""In this case,"" the arbitrator wrote, ""the Substance Abuse Policy and the Agreement for Continued Employment leave no room for arbitral discretion."" Coupled with the company 's consistent enforcement of its Agreement, the arbitrator could find no basis for overturning the discharge."

More than half of large employers in 2016 will aim to more tightly manage employees ' use of high-priced specialty drugs, one of the fastest-growing expenses in their health plans. Despite those efforts, companies still expect the cost of specialty drugs that are carefully administered to treat conditions such as cancer, HIV and hepatitis C to continue rising at a double-digit annual rate � well ahead of the pace for traditional pharmacy drugs or companies ' overall spending on health benefits, according to the National Business Group on Health. The group released a survey that found 55% of employers next year plan to direct employees to specialty pharmacies if they need drugs that can cost thousands of dollars for a single treatment. That share was up from a third in the group 's survey a year ago on companies ' plans for 2015 health plans.

The Minnesota Court of Appeals handed employers a rare win under the Minnesota Drug and Alcohol Testing in the Workplace Act, upholding dismissal of a wrongful discharge case after an employee who tested positive for drugs did not comply with the recommended treatment because he wanted to choose a different treatment program. The decision highlights how critical employer engagement is when complying with this statute, including after an employee tests positive. Even if an employer has a compliant policy and conducts testing in a compliant manner, it must still interact with the employee who tests positive to work out and agree on a treatment program, and then continue to monitor the status and ultimate completion of the program. Allowing the employee free reign to choose his or her own program can be problematic.