Drug and Alcohol Testing Law Advisor

Developments in Regulating Workplace Drug and Alcohol Testing

Latest from Drug and Alcohol Testing Law Advisor

Pennsylvania Court Holds Employees May Sue Under Medical Marijuana Act

January 17, 2020

A Pennsylvania state court held that the state’s Medical Marijuana Act creates a private right of action for medical marijuana users to sue their employers. Pamela Palmiter v. Commonwealth Health Systems, Inc., Civ. Action No. 19 CV 1315 (Pa. Ct. C.P. Lackawanna County, Nov. 22, 2019). The employee, Pamela Palmiter, was employed as a medical assistant. To treat her chronic pain, migraines and persistent fatigue, she became a medical marijuana patient in accordance with Pennsylvania…

Drug and Alcohol Testing Law Advisor

New Jersey Court Orders Employer to Reimburse Worker for Medical Marijuana Expenses in Workers’ Compensation Case

By Katherine M. DiCicco

January 16, 2020

In a case of first impression, the New Jersey Appellate Division held that it was appropriate for a workers’ compensation judge to order an employer to reimburse its employee for his medical marijuana expenses as part of his workers’ compensation case. Vincent Hager v. M&K Construction, Docket No. A-0102-18T3 (N.J. App. Div. January 13, 2020). The employee, Vincent Hager, suffered an injury while working for M&K Construction in 2001, when a truck delivering concrete dumped…

Drug and Alcohol Testing Law Advisor

Iowa Drug Testing Statute Provides Exclusive Remedy For Violations; Separate Wrongful Discharge Claim Is Barred

By Catherine A. Cano, Sarah J. Millsap & Kenneth M. Wentz III

December 31, 2019

Addressing a matter of first impression, the Iowa Supreme Court determined that “when a civil cause of action is provided by the legislature in the same statute that creates the public policy to be enforced, the civil cause of action is the exclusive remedy for violation of that statute.” Ferguson v. Exide Technologies, Inc., et al, Case No. 18-1600 (Iowa Dec. 13, 2019). Therefore, a plaintiff who brings a claim for a violation of the…

Drug and Alcohol Testing Law Advisor

FMCSA Raises Random Drug Testing Rate to 50% For 2020

By Kathryn J. Russo

December 30, 2019

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration announced on December 27, 2019 that beginning on January 1, 2020, the minimum annual percentage rate for random drug testing is 50% of the average number of driver positions. The minimum annual percentage rate for random alcohol testing will remain at 10%. FMCSA-regulated employers also are reminded that compliance with the FMCSA Clearinghouse requirements begins on January 6, 2020. At that time, covered employers must…

Drug and Alcohol Testing Law Advisor

Illinois Legislature Clarifies Cannabis Act to Protect Employers Engaged in Workplace Marijuana Testing

By Nadine C. Abrahams, J. Casey Leech, Jody Wilner Moran & Kathryn J. Russo

December 13, 2019

Marijuana will become legal recreationally in the State of Illinois on January 1, 2020. The Cannabis Regulation and Tax Act, enacted last June, raised questions on the scope of marijuana drug testing that may be conducted by employers. On December 4, 2019, Governor J.B. Pritzker signed amendments to clarify workplace drug testing and other issues, including protections for an employer’s drug testing policy. Cannabis Regulation and Tax Act The Act allows Illinois residents at least…

Drug and Alcohol Testing Law Advisor

Drug and Alcohol Testing Policy Check-Up – Are You Ready for 2020?

By Catherine A. Cano & Kathryn J. Russo

December 6, 2019

2020 is on the horizon, and employers must be ready to comply with many new developments in the world of workplace drug and alcohol testing. Here is a summary of significant laws that will take effect in 2020 (and some that have already taken effect): Illinois Recreational Marijuana Law – The Cannabis Regulation and Tax Act will go into effect on January 1, 2020. The Act will allow anyone over the age of 21 to…

Drug and Alcohol Testing Law Advisor

U.S. Department of Health and Human Services Publishes Standards For Oral Fluid Drug Testing

By Kathryn J. Russo

October 25, 2019

The U.S. Department of Health and Human Services (DHHS) published scientific and technical guidelines for oral fluid drug testing in federal workplace drug testing programs in the Federal Register on October 25, 2019. The Mandatory Guidelines for Federal Workplace Drug Testing Programs Using Oral Fluid (OFMG) allows federal executive branch agencies to collect and test oral fluid specimens, and establishes standards and technical requirements for oral fluid collection devices, including initial and confirmatory oral fluid…

Drug and Alcohol Testing Law Advisor

Oklahoma Court Holds That Positive Marijuana Drug Test Did Not Prove That Marijuana Caused Accident

By Kathryn J. Russo

October 24, 2019

An Oklahoma state court held that a positive post-accident drug test for marijuana did not prove that marijuana use caused the accident, and therefore the claimant was eligible for workers’ compensation benefits. Rose v. Berry Plastics Corp. et al., 2019 OK Civ. App. 55 (Ok. Civ. Ct. App. Oct. 16, 2019). Claimant Dillon Rose’s left hand and wrist were crushed in a “guillotine” machine while working as a machine operator for his employer. He was…

Drug and Alcohol Testing Law Advisor

Pennsylvania Public Policy Did Not Bar Termination of Nuclear Power Plant Employee Who Tested Positive For Alcohol

By Mary-Ann P. Czak

October 23, 2019

A federal district court in Pennsylvania held that public policy did not bar termination of a nuclear power plant employee who tested positive for alcohol. Bennett v. Talen Energy Corp. et al., No. 3:19cv521 (M.D. Pa. Oct. 11, 2019). Plaintiff worked at a nuclear power plant as a production foreman. The Nuclear Regulatory Commission (“NRC”) requires all nuclear power plants to adopt Fitness For Duty (“FFD”) programs that address Unescorted Access (“UA”) requirements for employees…

Drug and Alcohol Testing Law Advisor

National Safety Council States That “No Level of Cannabis Use Is Safe Or Acceptable” For Safety-Sensitive Positions

By Kathryn J. Russo

October 22, 2019

The National Safety Council, a nonprofit organization whose stated mission is to eliminate preventable deaths at work, in homes and communities through leadership, research, education and advocacy, published a Position/Policy Statement on October 21, 2019 addressing cannabis (marijuana) impairment in safety-sensitive positions. NSC stated that “it is clear that cannabis impacts psychomotor skills and cognitive ability,” and concluded that “there is no level of cannabis use that is safe or acceptable for employees who work…

Drug and Alcohol Testing Law Advisor

Developments in Regulating Workplace Drug and Alcohol Testing

Blog Authors

Pennsylvania Court Holds Employees May Sue Under Medical Marijuana Act

New Jersey Court Orders Employer to Reimburse Worker for Medical Marijuana Expenses in Workers’ Compensation Case

Iowa Drug Testing Statute Provides Exclusive Remedy For Violations; Separate Wrongful Discharge Claim Is Barred

FMCSA Raises Random Drug Testing Rate to 50% For 2020

Illinois Legislature Clarifies Cannabis Act to Protect Employers Engaged in Workplace Marijuana Testing

Drug and Alcohol Testing Policy Check-Up – Are You Ready for 2020?

U.S. Department of Health and Human Services Publishes Standards For Oral Fluid Drug Testing

Oklahoma Court Holds That Positive Marijuana Drug Test Did Not Prove That Marijuana Caused Accident

Pennsylvania Public Policy Did Not Bar Termination of Nuclear Power Plant Employee Who Tested Positive For Alcohol

National Safety Council States That “No Level of Cannabis Use Is Safe Or Acceptable” For Safety-Sensitive Positions

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