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  DOT Affirms "Medical Marijuana" Does Not Excuse a Transportation Employee's Positive Drug Test.Jackson Lewis LLP - October 28, 2009 The Office of Drug and Alcohol Policy Compliance of the U.S. Department of Transportation (“DOT”) has reminded the regulated public that the use of “medical marijuana” pursuant to certain state laws does not excuse a transportation employee’s positive drug test result, despite a Government decision to relax federal prosecutions for such use. Report Link U.S. Department of Labor Observes Fourth Annual Drug-Free Work Week October 19-25, 2009.Jackson Lewis LLP - October 21, 2009 The U.S. Department of Labor is observing the week of October 19-25, 2009, as its fourth annual Drug-Free Work Week and encourages employers and employees across the country to participate. The purpose of Drug-Free Work Week is to educate employers, employees and the general public about the importance of being drug-free as a component of improving workplace safety and health and to encourage employees with alcohol and drug problems to seek help. All employers should remind employees about company policies addressing drug and alcohol use at least once a year, and Drug-free Work Week is a good time to do so.
The Department of Labor encourages employers to do some or all of the following things during Drug-Free Work Week: Report Link Up In Smoke: The Rise Of Medical-Marijuana Laws.Fisher & Phillips, LLP - September 02, 2009 As more states enact laws allowing patients to ingest marijuana as a means of coping with various diseases and symptoms, the question quickly arises for human resources professionals about how this affects the employment relationship. If employees are legally allowed to smoke at home to manage night seizures, are they still going to be affected by marijuana the next day at work? Do you have to accommodate this? Report Link DOT's Rule Requiring Direct Observation Collection Drug Tests Takes Effect Today, August 31, 2009.Jackson Lewis LLP - September 01, 2009 The rule of the United States Department of Transportation (“DOT”) requiring direct observation of employees providing urine specimens during return-to-duty and follow-up drug tests takes effect today, August 31, 2009. Report Link Court Temporarily Halts NFL's Drug Testing Players During Legal Challenge under Minnesota Laws.Jackson Lewis LLP - July 15, 2009 A Minnesota state district court judge has issued a temporary restraining order preventing the National Football League from suspending two Defensive Tackles on the Minnesota Vikings football team, Kevin Williams and Pat Williams, for testing positive for a banned substance, pending the outcome of the players’ litigation over the NFL’s drug testing program. The order also prohibits the NFL from subjecting the players to increased (“reasonable-cause”) drug testing for players who have tested positive. The players claim, among other things, that the League’s program violates the Minnesota drug testing law and statute barring retaliation for the consumption of lawful products. Report Link Court Rules Transportation Industry Employers Must Implement Observed Urine Collection Testing Procedures.Littler Mendelson, P.C. - May 22, 2009 Employers in the transportation industry will soon have to implement tougher urine collection procedures designed to thwart cheating by workers in safety-sensitive positions now that challenged regulations have been upheld by a federal appeals court. Report Link DOT Delays Implementing Direct Observation Requirement in Return-to-Duty and Follow-Up Drug Tests.Jackson Lewis LLP - August 29, 2008 Recognizing that “direct observation” collections “are, and always have been, controversial,” the U.S. Department of Transportation announced on August 26, 2008, that it was delaying until November 1, 2008, the effective date of a provision of its new drug testing rule (section 40.67(b)) requiring that employers assure all mandated return-to-duty and follow-up drug tests be conducted under such observation. In the meantime, DOT is seeking comments on this aspect of the rule until September 25, 2008. After that, it will “reconsider” this section and “may retain, eliminate or modify it,” according to a notice published in the Federal Register. For now, using direct observation for such tests remains discretionary. DOT’s action came in response to petitions filed with the Department by transportation industry and labor groups. Report Link New DOT Drug and Alcohol Testing Regulations Will Become Effective August 25, 2008.Jackson Lewis LLP - August 12, 2008 On August 25, 2008, certain newly-created U.S. Department of Transportation (“DOT”) drug and alcohol testing regulations will become effective. The new regulations amend or create new sections to 49 C.F.R. Part 40, and contain new or revised guidance on issues related to adulterated, substituted, diluted, and invalid urine specimens. While most of the new regulations address responsibilities of medical review officers, collectors and laboratories, employers in all DOT-regulated industries should be aware of the following requirements: Report Link Transportation Workers Face Tougher Drug Testing Procedures: Observed Collections Designed to Thwart Abuses.Littler Mendelson, P.C. - August 07, 2008 More than eight million regulated workers in the transportation and pipeline industries will face more stringent drug testing collection procedures when new federal transportation regulations go into effect August 25, 2008. The new rules, which are included in and modify 49 C.F.R. Part 40, address "specimen validity" and seek to deal with what appear to be widespread efforts by workers to "beat" drug tests. Report Link Pre-Employment Drug Test Deemed Unconstitutional.Barker Olmsted & Barnier - April 15, 2008 The waters have been muddied—somewhat--on the issue of drug testing applicants and employees. The legal right to drug test has always suffered from a bit of murkiness on account of ill-defined constitutional privacy rights. Will a recent federal Ninth Circuit Court of Appeal case complicate matters? Report Link Public Employers: Drug Screening All Applicants Held Unconstitutional.Ford & Harrison LLP - April 15, 2008 The Ninth Circuit recently held that a city’s policy of requiring candidates of choice for city positions to pass a pre-employment drug test as a condition of the job offer is unconstitutional as applied to an applicant for the position of library page. See Lanier v. City of Woodburn (March 13, 2008). The court held that the city failed to demonstrate a special need to screen prospective library pages for drugs, thus the policy is unconstitutional as applied to that position. The court also held, however, that the plaintiff did not show that the policy could never be constitutionally applied to any city position, thus it was not unconstitutional on its face. Report Link Court Upholds FAA Rule Requiring Drug and Alcohol Testing of Air Carrier Contractors and Subcontractors at Any Tier.Jackson Lewis LLP - August 09, 2007 A federal appeals court in Washington, D.C., has upheld an FAA rule requiring air carriers to conduct drug and alcohol testing of all employees of their contractors who perform safety-sensitive work, including employees of subcontractors at any tier. Aeronautical Repair Station Ass'n v. FAA, No. 06-1091, 2007 U.S. App. LEXIS 16920 (D.C. Cir., July 17, 2007). Report Link Survey Shows Most Drug and Alcohol Abusers Work Full-Time, Are More Likely to Work For Employers That Do Not Test.Jackson Lewis LLP - August 08, 2007 A link between the absence of employer substance abuse testing and the incidence of abusing employees in the workforce appears to emerge from a study recently released by the Substance Abuse and Mental Health Services Administration ("SAMHSA"), a division of the United States Department of Health and Human Services. The results of a nationwide survey conducted in 2002-2004 concerning workplace substance abuse issues, entitled "Worker Substance Use and Workplace Policies and Programs," was based on data collected from a sample of 128,000 people employed full-time, ages 18 to 64, who participated in SAMHSA's National Survey on Drug Use and Health. The survey, released on July 16, 2007, underscores the fact that use of illicit drugs and alcohol in the workplace is widespread. Some of the survey's more significant highlights for employers include the following: Report Link Termination of Public Employee For Refusing to Submit to Drug Testing Upheld By Federal Appellate Court.Jackson Lewis LLP - April 02, 2007 Does a random drug test violate a public employee's 4th Amendment right againt unreasonable searches? Report Link Drug-Free Work Week Designated by the U.S. Department of Labor.Jackson Lewis LLP - October 11, 2006 The U.S. Department of Labor has declared October 16-22, 2006 to be the first-ever Drug- Free Work Week and encourages employers and employees across the country to participate. The purpose of Drug-free Work Week is to educate employers, employees and the general public about the importance of being drug-free as a component of improving workplace safety and health and to encourage employees with alcohol and drug problems to seek help. All employers should remind employees about Company policies addressing drug and alcohol use at least once a year, and Drug-free Work Week is a good time to do so. Report Link States Enact Ten New Drug Testing Laws in 2005.Jackson Lewis LLP - May 05, 2006 While the 2006 legislative calendar is just now gearing up at the state level, this may be a good time to review the ten newly enacted state laws affecting workplace drug testing from the 2005 legislative session. Report Link U.S. Supreme Court Upholds Federal Government Power to Prohibit "Medical Marijuana" Use Under State Law.Jackson Lewis LLP - June 29, 2005 The U.S. Supreme Court has upheld the power of the federal government to seize and destroy "medical marijuana" as a valid exercise of the government's Commerce Clause authority under the U.S. Constitution. Report Link Employers Exhale: United States Supreme Court Medical Marijuana Decision Aids Employer Anti-Drug Programs.Littler Mendelson, P.C. - June 09, 2005 Employer drug and alcohol abuse prevention and testing programs recently received a boost when the U.S. Supreme Court ruled in Gonzales v. Raich, No. 03-1451 (June 6, 2005), that state laws authorizing the use of marijuana to treat illness do not insulate drug users from federal law making such behavior criminal. Report Link Employee Dishonesty After Drug-Related Arrest Provides Grounds For Drug Testing.Jackson Lewis LLP - December 28, 2004 An employee's arrest for possession of drug paraphernalia and criminal trespass, together with his dishonesty in explaining his resulting absence from work, was sufficient to establish reasonable suspicion that he was using drugs illicitly. Report Link Proposal to Revise Mandatory Federal Drug Testing Guidelines for Hair, Sweat and Oral Fluids.Jackson Lewis LLP - April 27, 2004 On April 13, 2004, the U.S. Department of Health and Human Services announced a proposal to revise its Mandatory Guidelines for Federal Workplace Drug Testing Programs to establish guidelines for the testing of hair, oral fluid and sweat specimens for drugs, in addition to urine. Report Link Hospital May Be Liable to Client's Employee for Mishandling Drug Test.Jackson Lewis LLP - September 18, 2003 A hospital which collected urine samples for drug testing under a contract with an employer owes a duty of care to the employee being tested. Report Link Practical Issues for Employers to Consider When Creating a Substance Abuse Testing Program.Jackson Lewis LLP - April 01, 2002 Before implementing a workplace drug and/or alcohol testing program, employers should carefully consider a number of issues. Report Link drug and alcohol testing: is your policy up-to-date?
Fredrikson & Byron, P.A. - April 01, 2002 Regardless of the reason for drug and/or alcohol testing, employers must ensure that they comply with the applicable federal and state laws or risk substantial monetary penalties. Report Link what to do when an employee comes to work under the influence of alcohol.Fredrikson & Byron, P.A. - December 01, 2000 Provides strategy for dealing with an emloyee who reports to work under the influence. Report Link WHAT AMERICAN EMPLOYEES THINK ABOUT DRUG ABUSE.Institute for a Drug-Free Workplace - January 01, 1997 This is a Gallup poll used to determine worker attitudes towards drugs in the workplace, including experience with drugs and drug testing.
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