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,
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
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
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
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
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
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