A federal court in Indiana dismissed an employee’s lawsuit after he tested positive for marijuana due to alleged CBD use and claimed that his termination was discriminatory on the basis of a disability. Rocchio v. E&B Paving, LLC, and Int’l Union of Operating Engineers Local 103, Case No. 1:20-cv-00417 (S.D. Indiana March 31, 2022).
U.S. Department of Transportation Publishes Proposed Rules For Oral Fluid Drug Testing
The U.S. Department of Transportation (DOT) published in the Federal Register on February 28, 2022 a notice of proposed rulemaking for oral fluid drug testing of transportation employees covered by federal regulations. DOT stated that the addition of oral fluid drug testing will give employers a choice to help combat employee cheating on urine drug
Court Dismisses Lawsuit of CBD User Who Tested Positive For Marijuana
A federal court in Pennsylvania dismissed the legal claims asserted by a former employee who tested positive for marijuana on a random drug test and who attributed the test result to CBD use. Lehenky v. Toshiba America Energy Systems Corporation, No. 20-cv-4573 (E.D. PA. February 22, 2022).
The employee alleged that in 2018, she
Use of Opioid Medications By Applicant For Forklift Job Was Not Sufficient to Deny Employment Without Individualized Assessment
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