Archives: DOT Testing Issues

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Federal Court Finds “Field Preemption” of Minnesota Drug Testing Statute

It has long been recognized that federal regulations mandating drug testing for certain employees in safety-sensitive industries preempt contrary provisions in Minnesota’s state drug testing law known as “DATWA” (Drug and Alcohol Testing in the Workplace Act). But some Minnesota practitioners have argued for years that employee protections in DATWA should not be preempted if … Continue Reading

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 … Continue Reading

U.S. Department of Transportation Publishes Rule Permitting Use of Electronic Drug Testing Custody and Control Form

The Department of Transportation published a final rule in the Federal Register effective April 13, 2015 concerning the use of the electronic version of the Federal Drug Testing Custody and Control Form (eCCF). The final rule allows DOT-regulated employers, collectors, laboratories and medical review officers to use the electronic version of the Federal Drug Testing … Continue Reading

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 … Continue Reading

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, 2014). The … Continue Reading

FAA Considering Drug Testing Foreign Aircraft Maintenance Workers

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 … Continue Reading

U.S. Department of Transportation Proposes Clearinghouse of Commercial Drivers’ Drug and Alcohol History

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration announced February 12, 2014 a proposed rule to establish a federal Clearinghouse of drug and alcohol test result information for holders of commercial drivers’ licenses.  The primary purpose of the Clearinghouse is to assist FMCSA-regulated employers in screening applicants during the hiring process.  Under current … Continue Reading

Department of Transportation Announces 2014 Random Testing Rates

The United States Department of Transportation (“DOT”)’s Office of Drug and Alcohol Policy and Compliance announced on December 5, 2013 the annual minimum drug and alcohol random testing rates for 2014 for employers regulated by each DOT operating agency:                                                                          Employers subject to more than one DOT Agency drug and alcohol testing rule may continue to … Continue Reading

Hair Testing For DOT Drivers Proposed In Congress

Millions of truck drivers subject to the Department of Transportation’s Federal Motor Carrier Safety Administration drug and alcohol testing regulations may be subject to hair testing for alleged drugs in addition to the urine testing currently authorized under the FMCSA rules, if recently proposed federal legislation is enacted. Relying on the results obtained by Arkansas-based … Continue Reading

DOT Driver Eligible for Unemployment Benefits Where MRO Did Not Offer Split-Specimen Test

A Pennsylvania court has upheld a commercial motor vehicle driver’s eligibility to receive unemployment benefits where the Medical Review Officer (“MRO”) did not advise the driver of his right to request a split-specimen test, as required under the Federal Motor Carrier Safety Administration’s (“FMCSA”) regulations.  Carlisle Carrier Corporation v. Unemployment Compensation Board of Review, No. … Continue Reading

Mechanic Who Did Not Drive On Public Roads Is Held To Be DOT-Regulated Driver

An Iowa court held that a mechanic who only moved vehicles on the premises of his workplace was a “driver” for purposes of the Federal Motor Carrier Safety Administration’s drug and alcohol testing regulations.  Hargrove v. Mail Contractors of America Inc., No. 3-186/12-1210 (Iowa Ct. App. April 24, 2013).  The mechanic was fired by his … Continue Reading