Workplace drug and alcohol testing in West Virginia traditionally has been scrutinized by the courts and has been available to employers in limited circumstances. That will change dramatically this summer when the state’s new drug and alcohol testing law, the West Virginia Safer Workplace Act, takes effect. Passed by the state legislature on April 8,
Applicant Who Failed Pre-Employment Drug Test Could Not Show That Public Employer Violated Her Due Process Rights or Title VII
A federal district court recently dismissed a lawsuit in which a job applicant challenged a public employer’s decision to withdraw an offer of employment after the individual tested positive for cocaine on a pre-employment drug test. Turner v. Richmond Public Schools, et al., No. 3:16-cv-256 (E.D.VA., March 28, 2017). The federal action sought to
SAMHSA Seeks Comments on Hair Testing For Drugs
The Substance Abuse and Mental Health Services Administration (“SAMHSA”) published a Request For Information on May 29, 2015 that solicits comments about potential hair testing for drugs in an effort to revise and update standards for laboratory drug testing procedures for federal workers. Tasked by the Department of Health and Human Services, SAMHSA is looking
NLRB’s Sobering Decision Permits Union Representation Before Employee Drug Test
The National Labor Relations Board has held that a supermarket chain violated the National Labor Relations Act by terminating an employee who refused to submit to a drug test without first consulting a union representative, affirming an April 2013 decision by its Administrative Law Judge. Ralphs Grocery Co., 361 NLRB No. 9 (July 31,
NTSB Recommends Reduction of Blood Alcohol Content Threshold For DWI Purposes
The National Transportation Safety Board (“NTSB”), an independent federal agency, known for investigating major railroad, aviation and highway accidents and with responsibility for making recommendations aimed at preventing accidents, has released 19 recommendations to “eliminate” alcohol-impaired driving accidents. The recommendations include the implementation of stronger laws, swifter enforcement and the use of new technology –
NLRB ALJ Stifles Drug Testing Process By Allowing Union Representation Before Test
In Ralphs Grocery Co., NLRB ALJ, No. 21-CA-39867, 4/30/13, a National Labor Relations Board Administrative Law Judge held Ralphs Grocery Co. (“Ralphs”) committed an unfair labor practice by terminating an employee, Razi, who refused to submit to a drug and alcohol test until the employee had an opportunity to consult with his union representative.