A federal court in Ohio denied summary judgment to both parties where an employer refused to hire an applicant who used opioid medication as a forklift driver. The court held that there were disputed issues of fact as to whether the parties participated in the interactive process in good faith and whether the applicant’s opioid
Mississippi Enacts Medical Marijuana Law
Mississippi Governor Tate Reeves signed legislation legalizing medical cannabis on February 2, 2022. Known as the “Mississippi Medical Cannabis Act”, the law permits the use of medical cannabis to treat certain debilitating medical conditions including cancer, Parkinson’s disease, Huntington’s disease, muscular dystrophy, HIV/AIDS, hepatitis, ALS, Crohn’s disease, ulcerative colitis, sickle-cell anemia, Alzheimer’s disease, dementia, post-traumatic
DOT Random Drug and Alcohol Testing Rates for 2022
The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2022. The random test rates did not change, except for maintenance-of-way workers under the Federal Railway Administration’s regulations.
| Agency | 2022 Random Drug Testing Rate | 2022 Random Alcohol Testing Rate |
|
Federal Aviation Administration |
25% | 10% |
|
Federal Motor Carrier |
New York Department of Labor Publishes Guidance Addressing Recreational Marijuana In The Workplace; Most Drug Testing For Marijuana Is Prohibited
The New York Department of Labor (“DOL”) recently published guidance and FAQs entitled “Adult Use Cannabis And The Workplace – New York Labor Law 201-D” to address questions related to the Marijuana Regulation and Taxation Act (“MRTA”). MRTA legalized marijuana use and possession for adults who are 21 and older, effective March 31, 2021, and
DEA Issues Public Safety Alert Concerning Fake Prescription Pills Containing Fentanyl and Methamphetamine
The Drug Enforcement Administration issued a public safety alert on September 27, 2021 to warn Americans of the alarming increase in the lethality and availability of fake prescription pills containing fentanyl and methamphetamine. Calling its public safety campaign “One Pill Can Kill,” the DEA’s first public safety alert in six years seeks to raise public
FDA and CDC Issue Warnings Regarding Health Risks of Using Delta-8 THC Products
The U.S. Food and Drug Administration and the Centers for Disease Control and Prevention issued warnings to the public regarding the potential health risks of using Delta-8 THC products on September 14, 2021.
The FDA’s latest consumer update, 5 Things To Know About Delta-8 Tetrahydrocannabinol – Delta-8 THC, begins with a warning in large red
DOT-Regulated Employers: Revised CCF Must Be Used As Of August 30, 2021
Employers who are regulated by the U.S. Department of Transportation and their service agents (collectors, laboratories and Medical Review Officers) must ensure that they use the revised Federal Custody and Control Form (“CCF”) as of August 30, 2021. The revised CCF can be viewed here. Last year, the Office of Management and Budget approved
FMCSA Issues Reminder To CDL Drivers Regarding Use Of CBD Products
The U.S. Department of Transportation Federal Motor Carrier Safety Administration issued a “Clearinghouse Update” on May 27, 2021 reminding commercial motor vehicle drivers who are regulated by the FMCSA that they should exercise caution when considering whether to use hemp and cannabidiol (CBD) products. Specifically, the update stated that it is important for all employees
Alabama Enacts Medical Marijuana Law
Alabama Governor Kay Ivey signed legislation legalizing medical cannabis on May 17, 2021. Known as the Darren Wesley “Ato” Hall Compassion Act, the law permits the use of medical cannabis to treat certain medical conditions including Crohn’s disease, depression, epilepsy, HIV/AIDs, panic disorder, Parkinson’s disease, persistent nausea, post-traumatic stress disorder, chronic or intractable pain, among
Philadelphia Will Ban Pre-Employment Marijuana Testing in 2022
The city of Philadelphia, PA. has enacted a law prohibiting employers from testing for marijuana as a condition of employment, effective January 1, 2022.
The new Chapter 9-4700 of the Philadelphia Code states that except as otherwise provided by law, or as provided in the exceptions (listed below) that it is unlawful for an employer,