Drug and Alcohol Testing Law Advisor

Developments in Regulating Workplace Drug and Alcohol Testing

Latest from Drug and Alcohol Testing Law Advisor

Pennsylvania Court Affirms Unemployment Benefits for Medical Marijuana User

November 23, 2020

A Pennsylvania Appeals Court affirmed an order granting unemployment benefits to a medical marijuana user who was terminated by his employer for a positive drug test. The Pittsburgh Water and Sewer Auth. v. Unemployment Comp. Bd. of Review, Case No. 228 C.D. 2020 (Commw. Ct. Pa. Nov. 18, 2020). The employee was employed as a customer service representative for four months. The Pittsburgh Water and Sewer Authority (“Authority”) maintained a Drug and Alcohol Free Workplace…

Drug and Alcohol Testing Law Advisor

Voters in Five States Approve Marijuana Ballot Initiatives on Election Day

By Catherine A. Cano, Kathryn J. Russo & Martin W. Aron

November 4, 2020

Voters in Arizona, Mississippi, Montana, New Jersey, and South Dakota approved laws to legalize marijuana on Election Day 2020. Recreational marijuana was approved in Arizona, Montana, and New Jersey, while Mississippi voters approved medical marijuana. South Dakota voters approved both medical and recreational marijuana ballot initiatives. Medical Marijuana Mississippi – Mississippi Ballot Measure 1 passed, with 68% voting “yes” and 32% voting “no.” Ballot Measure 1 asked voters to generally cast a vote for “either…

Drug and Alcohol Testing Law Advisor

Request For Medical Examination Was Permissible Under ADA After Positive Drug Test Result

By Kathryn J. Russo

October 28, 2020

A federal court in Indiana dismissed an employee’s claim that his employer did not have the right to request a medical examination after he tested positive for drugs and subsequently admitted that he was taking numerous prescription medications that could create a safety risk. Beal v. Muncie Sanitary District, Case No. 1:19-cv-01506 (S.D. Ind. Oct. 22, 2020). The employee worked in a maintenance position for the District, which provided water and environmental sanitary services…

Drug and Alcohol Testing Law Advisor

Court Upholds Jury Verdict that Directly-Observed Urine Collections Did Not Constitute Constructive Discharge

By Catherine A. Cano

October 26, 2020

A Washington appellate court upheld a jury’s verdict that an employer’s drug testing protocol requiring direct observation of urine collections did not invade an employee’s privacy and did not constitute a constructive discharge. Ritchey v. Sound Recovery Centers, LLC, No. 53303-1-II (Wash. Ct. App. Oct. 20, 2020). The employee, a licensed chemical dependency counselor, refused to submit to her employer’s new drug testing protocol that required employees to choose between two options: observed testing and…

Drug and Alcohol Testing Law Advisor

Study Finds Surge In Misuse of Fentanyl, Heroin and Nonprescribed Opioids During COVID-19 Pandemic

By Mary-Ann P. Czak

October 20, 2020

According to a new Quest Diagnostics Health Trends study published on October 8, 2020, the misuse of fentanyl, heroin and nonprescribed opioids has increased during the COVID-19 pandemic. The study analyzed more than 872,000 de-identified lab results from all 50 states and the District of Columbia. The researchers compared drug positivity rates before the pandemic (from January 1, 2019 to March 14, 2020) with positivity rates during the first few months of the pandemic (March…

Drug and Alcohol Testing Law Advisor

Suspension of Employee Based on Marijuana Odor and Positive Test Result Did Not Violate CBA

By Mary-Ann P. Czak

October 7, 2020

A strong odor of marijuana was sufficient to constitute reasonable suspicion to test, and a positive drug test result constituted just cause for a ten-day suspension, an arbitrator ruled in denying an employee’s grievance. ZF Active and Passive Safety and UAW, Local 1181, 20-2 ARB ¶ 7646 (Mar. 17, 2020). The union and the employer, a manufacturing plant, were parties to a collective bargaining agreement (“CBA”) that permitted the employer to order a drug or…

Drug and Alcohol Testing Law Advisor

Federal Court Holds Pennsylvania Medical Marijuana Act Provides Private Right of Action

By Catherine A. Cano

September 30, 2020

A Pennsylvania federal court refused to dismiss an employee’s claim for violation of the Pennsylvania Medical Marijuana Act (MMA), reasoning that the Pennsylvania Supreme Court is likely to recognize a private cause of action under the MMA. Hudnell v. Jefferson University Hospitals, Inc., Civil Action No. 20-01621 (E.D. Pa. Sept. 25, 2020). The court’s analysis of the MMA claim tracked a Pennsylvania state court decision, Palmiter v. Commonwealth Health Sys., Inc., which we blogged about…

Drug and Alcohol Testing Law Advisor

DOT Extends Period of Enforcement Discretion For SAPs and Service Agents

By Catherine A. Cano

September 24, 2020

The U.S. Department of Transportation’s (“DOT”) Office of Drug and Alcohol Policy Compliance (“ODAPC”) has again extended its April 4, 2020 Statement of Enforcement Discretion for Substance Abuse Professionals and Service Agents, effective September 22, 2020. The Statement of Enforcement Discretion previously was extended in June and will now remain in place until December 31, 2020. Under DOT regulations, Substance Abuse Professionals (“SAPs”) are required to conduct a face-to-face assessment and evaluation of an employee…

Drug and Alcohol Testing Law Advisor

Rhode Island Employee May Proceed With Lawsuit Alleging That Termination For Failed Breath Test Violated State Law

By Kathryn J. Russo

September 16, 2020

A federal court in Rhode Island allowed a former employee to proceed with her lawsuit alleging that the employer violated state law when it terminated her employment after a positive breath alcohol test. Stafford v. CSL Plasma, Inc., Case No. 1:19-cv-00270 (D.R.I. September 14, 2020). Stafford worked for CSL Plasma for about a year as a phlebotomist. She was required to have a drug and alcohol test as a condition of continued employment. While awaiting…

Drug and Alcohol Testing Law Advisor

Employee’s Request To Revise Drug Policy To Address CBD Use Was Not A Reasonable Accommodation

By Kathryn J. Russo

September 16, 2020

A federal court in Tennessee dismissed an employee’s lawsuit in which she claimed that her employer should have changed its drug policy to allow CBD use. Hamric v. City of Murfreesboro, Case No. 3:18-cv-01239 (September 10, 2020). The City of Murfreesboro hired Hamric as a Cultural Arts Program Specialist in August of 2015. Her job duties included teaching children’s art classes and teaching adult artist development courses, among other things. The position subjected Hamric to…

Drug and Alcohol Testing Law Advisor

Developments in Regulating Workplace Drug and Alcohol Testing

Blog Authors

Pennsylvania Court Affirms Unemployment Benefits for Medical Marijuana User

Voters in Five States Approve Marijuana Ballot Initiatives on Election Day

Request For Medical Examination Was Permissible Under ADA After Positive Drug Test Result

Court Upholds Jury Verdict that Directly-Observed Urine Collections Did Not Constitute Constructive Discharge

Study Finds Surge In Misuse of Fentanyl, Heroin and Nonprescribed Opioids During COVID-19 Pandemic

Suspension of Employee Based on Marijuana Odor and Positive Test Result Did Not Violate CBA

Federal Court Holds Pennsylvania Medical Marijuana Act Provides Private Right of Action

DOT Extends Period of Enforcement Discretion For SAPs and Service Agents

Rhode Island Employee May Proceed With Lawsuit Alleging That Termination For Failed Breath Test Violated State Law

Employee’s Request To Revise Drug Policy To Address CBD Use Was Not A Reasonable Accommodation

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