join our network! affiliate login  
Custom Search
GET OUR FREE EMAIL NEWSLETTERS!
Daily and Weekly Editions • Articles • Alerts • Expert Advice • Learn More

Total Articles: 10

End of the Year Updates from the Department of Transportation and Federal Aviation Administration

Executive Summary: The Department of Transportation (DOT) and Federal Aviation Administration (FAA) published a flurry of announcements to close out 2017. In addition to recapping several previous publications, the FAA released a new Advisory Circular on its voluntary disclosure reporting program.

DOT Tackles the Opioid Crisis: Agency Issues Guidance on Regulations Adding Semi-Synthetic Opioids to Testing Panel

Effective January 1, 2018, employers with employees subject to the U.S. Department of Transportation’s drug-testing regulations will face new and broader testing obligations based on a Final Rule issued in November 2017.1 This month, in various web-based guidance, DOT clarified what changes, if any, covered employers must make to their DOT testing program policies. This article will discuss DOT’s new requirements and what transportation employers can do to prepare for these new obligations.

PHMSA Raises Random Drug Testing Rate to 50% for 2018

The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration announced December 8, 2017 that during calendar year 2018, the minimum random drug testing rate will be increased to 50%.

U.S. Department of Transportation Publishes Guidance For Updating Drug and Alcohol Testing Policies

The drug testing panel utilized by the U.S. Department of Transportation’s operating agencies will change on January 1, 2018. (Click here to read our blog post on that change). DOT published guidance on December 1, 2017 to assist employers with regard to updating their drug and alcohol testing policies. The guidance states as follows:

Department of Transportation Publishes Final Rule on Drug Testing

On November 13, 2017, the U.S. Department of Transportation (DOT) published a final rule making significant changes to 49 Code of Federal Regulations Part 40, which affects employers administering drug tests in the transportation industry. The final rule states that its purpose is to remain current with the changes made to the U.S. Department of Health and Human Services’s Mandatory Guidelines for Federal Workplace Drug Testing Programs, which were announced in early 2017.

Department of Transportation Adds Four New Drugs to Testing Panel

Executive Summary: On November 13, 2017, the Department of Transportation (DOT) announced that it is amending its drug-testing program to require testing for synthetic opioids. The new DOT regulations now harmonize with the Department of Health and Human Services (HHS) Mandatory Guidelines for Federal Workplace Drug Testing Programs using Urine (HHS Mandatory Guidelines), published January 23, 2017.

Transportation Department Expands Drug Testing Panel to Include Certain ‘Semi-Synthetic’ Opioids

Employers regulated by the U.S. Department of Transportation (DOT) should revise their drug and alcohol testing policies to conform to new DOT regulations that added four “semi-synthetic” opioid drugs to the DOT drug testing panel. The new regulations go into effect on January 1, 2018.

FMCSA Expands Its Drug Testing Panel Effective January 1, 2018

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration announced in a rule to be published in the Federal Register on November 13, 2017, that it will expand its drug testing panel to include four synthetic opioid drugs: hydrocodone, hydromorphone, oxycodone and oxymorphone.

DOT Creates CDL Drug and Alcohol Clearinghouse, Imposing Employer Reporting and Query Obligations

On December 2, 2016, the U.S. Department of Transportation announced a final rule establishing a new “Commercial Driver’s License Drug and Alcohol Clearinghouse.” The Clearinghouse will provide a central database identifying violations of DOT’s drug and alcohol testing program by drivers who operate vehicles that require a commercial driver’s license (CDL), and information about whether such a driver has successfully completed the DOT-mandated return-to-duty rehabilitation processes. Creation of the Clearinghouse was mandated by the Moving Ahead for Progress in the 21st Century Act, a 2012 Congressional transportation funding initiative.

Federal Railroad Administration Expands Drug and Alcohol Testing For Maintenance-Of-Way Workers

The U.S. Department of Transportation’s Federal Railroad Administration (“FRA”) recently announced a final rule expanding drug and alcohol testing applicable to maintenance-of-way (“MOW”) employees, effective one year from the date of the rule’s publication (which has yet to be announced).

Ogletree Deakins | California | The Opportunities and Obligations of Venture Capital and Private Equity in the #MeToo Environment (February 01, 2018)

Fisher Phillips | California | Glimmers of Hope? Pair of Recent PAGA Cases Provide Rare Procedural Victories for California Employers (January 31, 2018)

Ogletree Deakins | California | California’s Salary History Ban: Answers to Frequently Asked Questions (January 23, 2018)

Fisher Phillips | California | The ICEman Cometh? Recent War of Words Puts California Employers in the Crosshairs of National Immigration Debate (January 22, 2018)

Jackson Lewis P.C. | California | Trial Court Properly Denied Attorneys’ Fees To Plaintiff Who Proved His Termination Was Substantially Motivated By His Disabilities, But Was Not The Prevailing Party At Trial (January 21, 2018)

Ogletree Deakins | California | Cal/OSHA Approves Long-Awaited Housekeeper Injury Prevention Regulations (January 24, 2018)

Fisher Phillips | California | DLSE Publishes Voluntary Template for Required Employer AB 450 Notice (February 11, 2018)

Fisher Phillips | California | Cal/OSHA Approves Hotel Housekeeping Injury Standard – Likely to Go Into Effect Later This Year (January 21, 2018)

Ogletree Deakins | California | As Marijuana Shops Thrive, California Employers Revisit Drug Policies (January 18, 2018)

Jackson Lewis P.C. | California | California Labor Department Releases Form for Employers Responding to Immigration Agency Inspection (February 12, 2018)