Drug and Alcohol Testing Law Advisor

Developments in Regulating Workplace Drug and Alcohol Testing

Latest from Drug and Alcohol Testing Law Advisor

FMCSA Addresses Potential Disruptions To Drug And Alcohol Testing During COVID-19 Crisis

March 31, 2020

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration issued guidance on March 24, 2020 to address potential disruptions to mandated drug and alcohol testing during the COVID-19 crisis. The FMCSA guidance, which will remain in effect until June 30, 2020, states in pertinent part: The Federal Motor Carrier Safety Administration (FMCSA) regulations provide reasonable flexibility to motor carrier employers and their drivers subject to testing under 49 CFR part 382 to address the…

Drug and Alcohol Testing Law Advisor

U.S. DOT Issues Guidance Regarding Drug And Alcohol Testing During COVID-19 Crisis

By Kathryn J. Russo

March 23, 2020

The U.S. Department of Transportation Office of Drug and Alcohol Policy Compliance issued guidance on March 23, 2020 to provide clarity with respect to existing requirements for DOT-mandated drug and alcohol testing during the COVID-19 crisis. DOT agencies include the Federal Aviation Administration, the Federal Motor Carrier Safety Administration, the Federal Transit Administration, the Federal Railroad Administration, and the Pipeline and Hazardous Materials Administration. In short, DOT drug and alcohol testing requirements remain in effect. …

Drug and Alcohol Testing Law Advisor

New York City Commission On Human Rights Proposes Exceptions To Prohibitions On Pre-Employment Marijuana Testing

By Kathryn J. Russo

March 18, 2020

The New York City Commission on Human Rights announced a notice of public hearing and opportunity to comment on a proposed rule providing exceptions to the prohibition on pre-employment marijuana testing that will take effect in the City on May 10, 2020. Comments on the proposed rule may be submitted in writing by April 16, 2020, or may be made at a public hearing held on April 16, 2020 at 22 Reade Street, New York,…

Drug and Alcohol Testing Law Advisor

FMCSA Suspends Certain Safety Rules In Response To COVID-19 Outbreak, Excluding Drug and Alcohol Testing

By Kathryn J. Russo

March 16, 2020

The Federal Motor Carrier Safety Administration announced on March 13, 2020 that due to the COVID-19 outbreak, an emergency exists that warrants an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations for certain motor carriers and their drivers. Specifically, the Emergency Declaration provides regulatory relief for commercial motor vehicle operations that are providing direct assistance in support of emergency relief efforts related to the COVID-19 outbreaks, including transportation to meet…

Drug and Alcohol Testing Law Advisor

New Jersey Medical Marijuana User May Proceed With Discrimination Claim

By Kathryn J. Russo, James M. McDonnell & Luke Breslin

March 12, 2020

The New Jersey Supreme Court affirmed an appellate court ruling allowing a medical marijuana user to proceed with his disability discrimination claim under the New Jersey Law Against Discrimination (“LAD”). Wild v. Carriage Funeral Holdings, Inc., No. 082836 (Mar. 10, 2020). The plaintiff, a cancer patient and lawful user of medical marijuana, was involved in a motor vehicle accident while at work. He told a hospital physician that he possessed a license to use medical…

Drug and Alcohol Testing Law Advisor

FDA Reiterates Potential Safety Risks of Using CBD Products

By Kathryn J. Russo

March 12, 2020

The U.S. Food and Drug Administration repeated its warning to the public about the potential risks of using CBD products in a statement released on March 5, 2020, FDA Advances Work Related to Cannabidiol Products with Focus on Protecting Public Health, Providing Market Clarity. The FDA has been evaluating the safety of CBD products for the last year. There are many CBD products on the market such as oil drops, capsules, syrups, food products (such…

Drug and Alcohol Testing Law Advisor

U.S. DOT Issues Warning Regarding Use Of CBD Products By DOT-Regulated Employees

By Kathryn J. Russo

February 19, 2020

The U.S. Department of Transportation Office of Drug and Alcohol Policy Compliance published a notice on February 18, 2020 concerning the use of hemp and cannabidiol (CBD) products by safety-sensitive employees regulated by DOT’s agencies (including the Federal Aviation Administration, the Federal Motor Carrier Safety Administration, the Federal Transit Administration, the Federal Railroad Administration, and the Pipeline and Hazardous Materials Administration, as well as the U.S. Coast Guard). Among other things, ODAPC stated the following:…

Drug and Alcohol Testing Law Advisor

Employer’s Request to Count Employee’s Prescription Medication Sufficient to Support Invasion of Privacy Claim

By Kathryn J. Russo

February 7, 2020

A federal court in Alabama held that an employer’s request to count an employee’s prescription medication – in connection with a drug test that the employee passed – supported the employee’s claim for invasion of privacy. Effinger v. Birmingham-Jefferson County Transit Authority, Case no. 2:19-cv-00766-KOB (N.D. Al. Jan. 23, 2020). The plaintiff was a former employee employed as a bus driver for the Birmingham-Jefferson County Transit Authority. According to the bus driver, she was required…

Drug and Alcohol Testing Law Advisor

DEA’s National Drug Threat Assessment Shows Marijuana Potency and Demand Increasing; Black Market Operations Thriving

By Kathryn J. Russo

January 30, 2020

The U.S. Department of Justice’s Drug Enforcement Administration published its 2019 National Drug Threat Assessment on January 30, 2020. The DEA’s annual report is a comprehensive strategic assessment of the threat posed to the United States by domestic and international drug trafficking and the abuse of drugs. It compiles data from many sources, including drug seizures, laboratory analyses, information on the involvement of organized criminal groups, and survey data provided to DEA by state and…

Drug and Alcohol Testing Law Advisor

DOT Random Drug and Alcohol Testing Rates for 2020

By Kathryn J. Russo

January 24, 2020

The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2020. The Federal Motor Carrier Safety Administration has raised its random drug testing rate to 50% for 2020. All other random testing rates remain unchanged from 2019. Agency 2020 Random Drug Testing Rate 2020 Random Alcohol Testing Rate Federal Aviation Administration 25% 10% Federal Motor Carrier Administration 50% 10% Federal Railway Administration 25% covered service…

Drug and Alcohol Testing Law Advisor

Developments in Regulating Workplace Drug and Alcohol Testing

Blog Authors

FMCSA Addresses Potential Disruptions To Drug And Alcohol Testing During COVID-19 Crisis

U.S. DOT Issues Guidance Regarding Drug And Alcohol Testing During COVID-19 Crisis

New York City Commission On Human Rights Proposes Exceptions To Prohibitions On Pre-Employment Marijuana Testing

FMCSA Suspends Certain Safety Rules In Response To COVID-19 Outbreak, Excluding Drug and Alcohol Testing

New Jersey Medical Marijuana User May Proceed With Discrimination Claim

FDA Reiterates Potential Safety Risks of Using CBD Products

U.S. DOT Issues Warning Regarding Use Of CBD Products By DOT-Regulated Employees

Employer’s Request to Count Employee’s Prescription Medication Sufficient to Support Invasion of Privacy Claim

DEA’s National Drug Threat Assessment Shows Marijuana Potency and Demand Increasing; Black Market Operations Thriving

DOT Random Drug and Alcohol Testing Rates for 2020

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