U.S. Department of Transportation Issues Reminder to Medical Review Officers Concerning Employees’ Use of Prescription Medications
The U.S. Department of Transportation (DOT) issued on September 30, 2014 a reminder to Medical Review Officers (MROs) concerning transportation employees’ use of prescription medications. Specifically, the reminder addressed the process to be followed when verifying drug test results of employees who use prescription medications, as well as the MRO’s obligation to raise fitness-for-duty concerns
Prohibiting Off-Duty Alcohol Consumption by Alcoholic Employees Violates ADA, Says EEOC
Blanket policies prohibiting alcoholic employees from consuming alcohol permanently – whether on-duty or off-duty – violate the Americans with Disabilities Act (ADA), according to the Equal Employment Opportunity Commission (EEOC) in an informal discussion letter dated August 28, 2014.
The representative of a union whose members are employed by a public utility that operates nuclear
Workplace Positive Drug Test Rates Are Increasing; Marijuana Use Surging in Colorado and Washington, New Study Shows
A new study published by Quest Diagnostics reported an increase in the workforce drug test positivity rate for the first time in ten years, fueled primarily by marijuana and amphetamines. The Quest Drug Testing Index (DTI) released on September 11, 2014 also showed a large increase in positive marijuana test results in Colorado and Washington,
Drug Test Triggered by Discovery of Drug Paraphernalia Did Not Violate Public Employee’s Fourth Amendment Rights
A “reasonable suspicion” drug test triggered by an employer’s discovery of apparent drug paraphernalia did not violate a public employee’s Fourth Amendment rights to be free from unreasonable searches and seizures, a court in Arkansas has held. Brotherton v. Hill, No. 4:12-cv-534 (E.D Ark. Sept. 4, 2014).
Brotherton worked as a boiler operator at the
Employer Gets New Trial to Prove Drug Tests Were Not Medical Examinations or Disability-Related Inquiries
A Tennessee auto glass manufacturer will get a new trial to prove that drug tests it administered to its employees – including tests for prescription medications — were not “medical examinations” or “disability-related inquiries” under the Americans with Disabilities Act. Bates v. Dura Automotive Systems, Inc., No. 11-6088 (6th Cir. August 26, 2014).
In
Minnesota Drug Testing Law Does Not Apply to Employees Working Outside Minnesota
A federal court in Minnesota has ruled that Minnesota’s Drug and Alcohol Testing in the Workplace Act (DATWA), Minn. Stat. Sections 950-957, does not apply to employees who work or are applying to work outside the state of Minnesota. Olson v. Push, Inc., No. 14-1163 (ADM/JJK) (D. Minn. Aug. 19, 2014). In Olson, the
Maine Employers: Submit Feedback on Drug Testing Law by August 15, 2014
The Maine Department of Labor announced July 29, 2014 that it seeks the input of Maine businesses and other organizations regarding the current state law governing drug and alcohol testing in the workplace. Businesses interested in participating in the survey must contact the department to receive a survey invitation; invitations are limited to one per
New York Becomes 23rd State to Enact Medical Marijuana Law
The Governor of New York signed on July 7 New York’s Compassionate Care Act, which will permit limited use of medical marijuana by individuals suffering from covered medical conditions, making New York the 23rd state to legalize the use of medical marijuana.
Under the law, no more than five private organizations in the state will
Alcoholic DOT Driver Could Not Prevail on ADA or FMLA Claims Against His Employer
A federal appeals court has upheld the dismissal of a commercial motor vehicle driver’s claims that his employer violated the Americans With Disabilities Act and the Family and Medical Leave Act when it fired him after learning of his alcoholism. Sakari Jarvela v. Crete Carrier Corporation, Case No. 13-11601 (11th Cir. June 18,