The Federal Aviation Administration (“FAA”) announced last week that it is considering expanding its current drug and alcohol testing regulations to require testing of certain foreign repair and maintenance workers performing work for U.S. air carriers.
While the FAA has long required random drug and alcohol testing of workers responsible for maintaining and repairing aircrafts
Commercial laboratories owe a duty of care to drug testing subjects and the failure to follow established procedures may be a violation of that duty in certain circumstances, according to a recent decision by the United States District Court for the District of Columbia. Rodriguez v. Laboratory Corp. of America Holdings, d/b/a LabCorp, 2014
A Texas state appeals court has ruled employers are not required to protect their intoxicated employees from injury or death, provided the employer played no role in the employee’s intoxication. Clark v. EOG Resources Inc., 12-CV-00262 (Tex. App. Houston 1st Dist. Jan. 7, 2014).
Robbie Lynn Clark, an employee of a contractor for
In a case of first impression, a federal court in Maryland ruled recently that the state’s drug and alcohol testing statute prohibits private employers from conducting breath alcohol tests on its employees. Whye, et al v. Concentra Health Services, Inc., 12-cv-3432 (ELH) (D. Md. Sept. 24, 2013).
As employees of Vector Security, Inc., Wendell
A federal court in Denver has held that an employee who was fired after testing positive for marijuana was not protected by the state’s anti-discrimination laws, even though Colorado has legalized the use of medical marijuana. (Curry v. MillerCoors, Inc., 12-cv-02471 (JLK) (D. Colo. 2013)).
MillerCoors terminated Paul Curry after he tested positive
On August 1, 2013, Illinois Governor Pat Quinn signed the Compassionate Use of Medical Cannabis Pilot Program Act, making Illinois the 20th state to legalize medical marijuana. The law provides for a four year pilot program allowing individuals with certain medical conditions – including cancer and multiple sclerosis – access to medical marijuana,
New Hampshire’s legislature has set the stage for the Granite State to become the 19th State to legalize medical marijuana. On June 26, 2013, the legislature approved HB 573, also known as “Use of Cannabis for Therapeutic Purposes.” The statute allows patients diagnosed with certain qualifying conditions (including cancer, multiple sclerosis, Chrohn’s disease,
If pilots and commercial truck drivers are subject to federally mandated drug and alcohol testing, why aren’t doctors? According to an article recently published in The Journal of the American Medical Association, they should be.
At least one in ten doctors will suffer from drug or alcohol addiction at some point during their career.
Governor Martin O’Malley has approved legislation creating Maryland’s first medical marijuana program, making it the 19th state to legalize medical marijuana.
H.B.1101 (also known as the “Medical Marijuana – Academic Medical Centers – Natalie M. LaPrade Medical Marijuana Commission” bill), signed into law on May 2, 2013, establishes a Medical Marijuana Commission that will allow