Drug and Alcohol Testing Law Advisor

Developments in Regulating Workplace Drug and Alcohol Testing

Latest from Drug and Alcohol Testing Law Advisor

EEOC Issues Guidance on Opioid Addiction in Employment

August 6, 2020

The U.S. Equal Employment Opportunity Commission (EEOC) issued two technical assistance documents on August 5, 2020, addressing accommodation issues under the Americans with Disabilities Act (ADA) for employees who use opioid medications or may be addicted to opioids. They provide employers insight into how the EEOC envisions information exchange and accommodation efforts. Use and Misuse of Codeine, Oxycodone, and Other Opioids; Information for Employees is for employees. How Health Care Providers Can Help Current and …

Drug and Alcohol Testing Law Advisor

Delaware Court Upholds Denial of Workers’ Compensation Benefits for Medical Marijuana Costs

By Catherine A. Cano

August 5, 2020

The compensability of medical marijuana costs for a workers’ compensation claim turns on an individualized inquiry of whether such treatment is reasonable and necessary, and not whether the use of medical marijuana is permissible under state law, according to the Delaware Superior Court. Nobles-Roark v. Back Burner, Case No. N19A-11-001 ALR (Del. Superior Ct. July 28, 2020). The court ruled in this case that the Industrial Accident Board (“IAB”) did not err by denying an…

Drug and Alcohol Testing Law Advisor

FMCSA Announces It May Not Enforce Minimum Required Random Drug and Alcohol Test Rates During 2020

By Kathryn J. Russo

July 10, 2020

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration issued a Notice of Enforcement Discretion Determination on July 6, 2020 concerning random drug and alcohol testing during calendar year 2020. Due to the coronavirus pandemic, FMCSA stated that it recognizes that covered motor carriers may not be able to comply with certain testing requirements due to the ongoing impacts of the pandemic. For this reason, FMCSA: . . . may exercise discretion to determine…

Drug and Alcohol Testing Law Advisor

New York City Commission on Human Rights Issues Final Rule Regarding Exceptions to Ban on Pre-Employment Marijuana Tests

By Mary-Ann P. Czak

July 2, 2020

As discussed in our previous blog post, effective May 10, 2020, covered New York City employers are not permitted to test job candidates for marijuana or tetrahydrocannabinols (THC) as a condition of employment. The law, however, contains exceptions to this general prohibition on preemployment testing and an employer may require testing for job applicants applying for specific types of jobs. On June 16, 2020, the New York City Commission on Human Rights issued the…

Drug and Alcohol Testing Law Advisor

Louisiana Expands Access to Medical Marijuana

By Kathryn J. Russo

June 16, 2020

Louisiana’s governor signed into law on June 11, 2020 a measure amending the state’s medical marijuana law to make it easier for patients to obtain medical marijuana. The current version of Louisiana’s medical marijuana law permits use of medical marijuana to treat only certain specified illnesses. The new law provides that any licensed physician in Louisiana may prescribe medical marijuana “for therapeutic use to any patient clinically diagnosed as suffering from a debilitating medical condition.”…

Drug and Alcohol Testing Law Advisor

FMCSA Extends Waiver Period For Certain Pre-Employment Drug Tests From 30 to 90 Days

By Kathryn J. Russo

June 11, 2020

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (“FMCSA”) announced on June 5, 2020 an extension of the waiver period that is available when a commercial motor vehicle driver has been out of the random testing pool for 30 days or more and then returns to work. Ordinarily, an absence of 30 days or more from the random testing pool triggers a pre-employment drug test upon returning to work. 49 CFR § 382.301.…

Drug and Alcohol Testing Law Advisor

Rhode Island Court Upholds “Reasonable Grounds” Drug Testing Even Where There Is Another Possible Explanation For Employee’s Behaviors

By Kathryn J. Russo

June 1, 2020

The Rhode Island Supreme Court affirmed the dismissal of a lawsuit against an employer who terminated an employee for refusing to submit to a reasonable suspicion drug test, even though the employee’s odd behaviors could have been attributable to pain or other things. Colpitts v. W.B. Mason Co., Inc., No. 2018-337-Appeal (R.I. May 29, 2020). The plaintiff, Michael Colpitts, claimed that his former employer required him to take a drug test, allegedly without “reasonable grounds”…

Drug and Alcohol Testing Law Advisor

Pennsylvania Court Allows Unemployment Benefits For CBD User

By Kathryn J. Russo

May 12, 2020

A Pennsylvania court affirmed an order of the Unemployment Compensation Board of Review holding a claimant to be eligible for unemployment benefits after her employer terminated her employment for testing positive for marijuana. Washington Health System v. Unemployment Compensation Board of Review, No. 886 C.D. 2019 (May 11, 2020). The Claimant was employed as a licensed Occupational Therapist and was subject to random testing under her employer’s drug and alcohol testing policy. On March 26,…

Drug and Alcohol Testing Law Advisor

New York City Human Rights Law Ban On Pre-Employment Marijuana Testing Takes Effect

By Kathryn J. Russo

May 11, 2020

The New York City Commission on Human Rights issued a written reminder on May 8, 2020 that the law prohibiting pre-employment marijuana testing is effective on May 10, 2020. In addition, the Commission stated that it is finalizing rules that will expand the list of exceptions to the law. The Commission’s statement provided: As of May 10, 2020, covered employers are not permitted to test job candidates for marijuana or tetrahydrocannabinols (THC) as a condition…

Drug and Alcohol Testing Law Advisor

FMCSA Proposes New Licensing Rules To Prevent Driving By CMV Drivers With Drug and Alcohol Program Violations

By Mary-Ann P. Czak

May 1, 2020

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) published a notice of proposed rulemaking (NPRM) on April 28, 2020 seeking to prohibit State Driver’s Licensing Agencies (SDLAs) from issuing, renewing, upgrading, or transferring a commercial driver’s license (CDL) or commercial learner’s permit (CLP) for individuals prohibited from driving a commercial motor vehicle due to drug and alcohol program violations identified by the FMCSA’s Clearinghouse. The FMCSA Clearinghouse is an electronic database that…

Drug and Alcohol Testing Law Advisor

Developments in Regulating Workplace Drug and Alcohol Testing

Blog Authors

EEOC Issues Guidance on Opioid Addiction in Employment

Delaware Court Upholds Denial of Workers’ Compensation Benefits for Medical Marijuana Costs

FMCSA Announces It May Not Enforce Minimum Required Random Drug and Alcohol Test Rates During 2020

New York City Commission on Human Rights Issues Final Rule Regarding Exceptions to Ban on Pre-Employment Marijuana Tests

Louisiana Expands Access to Medical Marijuana

FMCSA Extends Waiver Period For Certain Pre-Employment Drug Tests From 30 to 90 Days

Rhode Island Court Upholds “Reasonable Grounds” Drug Testing Even Where There Is Another Possible Explanation For Employee’s Behaviors

Pennsylvania Court Allows Unemployment Benefits For CBD User

New York City Human Rights Law Ban On Pre-Employment Marijuana Testing Takes Effect

FMCSA Proposes New Licensing Rules To Prevent Driving By CMV Drivers With Drug and Alcohol Program Violations

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