The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (“FMCSA”) announced on June 5, 2020 an extension of the waiver period that is available when a commercial motor vehicle driver has been out of the random testing pool for 30 days or more and then returns to work. Ordinarily, an absence of 30 days … Continue Reading
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) published a notice of proposed rulemaking (NPRM) on April 28, 2020 seeking to prohibit State Driver’s Licensing Agencies (SDLAs) from issuing, renewing, upgrading, or transferring a commercial driver’s license (CDL) or commercial learner’s permit (CLP) for individuals prohibited from driving a commercial motor vehicle … Continue Reading
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration issued a “Waiver in Response to COVID-19 Emergency” on March 24, 2020 concerning renewals of licenses and medical certifications for holders of commercial drivers’ licenses (CDL), commercial learner’s permit (CLP) holders, and other interstate drivers operating commercial motor vehicles. The waiver took effect on March … Continue Reading
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration issued guidance on March 24, 2020 to address potential disruptions to mandated drug and alcohol testing during the COVID-19 crisis. The FMCSA guidance, which will remain in effect until June 30, 2020, states in pertinent part: The Federal Motor Carrier Safety Administration (FMCSA) regulations provide … Continue Reading
The Federal Motor Carrier Safety Administration announced on March 13, 2020 that due to the COVID-19 outbreak, an emergency exists that warrants an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations for certain motor carriers and their drivers. Specifically, the Emergency Declaration provides regulatory relief for commercial motor vehicle operations … Continue Reading
The U.S. Food and Drug Administration repeated its warning to the public about the potential risks of using CBD products in a statement released on March 5, 2020, FDA Advances Work Related to Cannabidiol Products with Focus on Protecting Public Health, Providing Market Clarity. The FDA has been evaluating the safety of CBD products for … Continue Reading
The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2020. The Federal Motor Carrier Safety Administration has raised its random drug testing rate to 50% for 2020. All other random testing rates remain unchanged from 2019. Agency 2020 Random Drug Testing Rate 2020 Random Alcohol Testing Rate … Continue Reading
In an effort to combat the ongoing opioid crisis and substance abuse, New York State’s Budget for Fiscal Year 2020 includes the nation’s first tax incentive program for certified employers who hire people recovering from substance use disorders in full-time or part-time positions. The purpose of the Recovery Tax Credit program is two-fold: to create … Continue Reading
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration’s Clearinghouse will become operational on January 6, 2020, and FMCSA-regulated employers must be ready to comply with the Clearinghouse requirements on that date. The FMCSA Clearinghouse is an electronic database that will contain information about commercial motor vehicle drivers’ drug and alcohol program violations. Although … Continue Reading
The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2019. The Federal Transit Administration and the United States Coast Guard have raised their random drug testing rates to 50% for 2019. All other random testing rates remain unchanged from 2018. Agency 2019 Random Drug Testing Rate 2019 Random … Continue Reading
In a memorandum to Regional Administrators dated October 11, 2018, OSHA clarified the agency’s position as to whether certain types of drug testing would be considered violations of 29 C.F.R. §1904.35(b)(1)(iv). That regulation prohibits employers from discharging or discriminating against an employee for reporting a work-related injury or illness. As we discussed in an earlier blog … Continue Reading
The U.S. Food and Drug Administration approved June 25, 2018 a prescription drug made from marijuana for the first time. The drug, known as Epidiolex, is approved to treat seizures in two rare and severe forms of epilepsy, Lennox-Gastaut syndrome and Dravet syndrome, in patients two years of age and older. Epidiolex is made from … Continue Reading
The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration announced December 8, 2017 that during calendar year 2018, the minimum random drug testing rate will be increased to 50%. Operators of gas, hazardous liquid, and carbon dioxide pipelines and operators of liquefied natural gas facilities must randomly select and test a percentage of … Continue Reading
The drug testing panel utilized by the U.S. Department of Transportation’s operating agencies will change on January 1, 2018. (Click here to read our blog post on that change). DOT published guidance on December 1, 2017 to assist employers with regard to updating their drug and alcohol testing policies. The guidance states as follows: “The … Continue Reading
The U.S. Department of Transportation announced in a rule published in the Federal Register on November 13, 2017, that, among other revisions to its drug and alcohol testing regulations, it will expand its drug testing panel to include four “semi-synthetic” opioid drugs: hydrocodone, hydromorphone, oxycodone and oxymorphone. These changes are being made to harmonize DOT’s … Continue Reading
The U.S. Department of Transportation’s Federal Railroad Administration’s (“FRA”) final rule expanding drug and alcohol testing to maintenance-of-way (“MOW”) employees takes effect on June 12, 2017. MOW employees are “employees of a railroad, or of a contractor to a railroad, whose duties include inspection, construction, maintenance or repair of railroad track, bridges, roadway, signal and … Continue Reading
Today the U.S. Department of Transportation published a notice of proposed rulemaking in the Federal Register in which it proposes to amend its drug testing program regulation to add four synthetic opioids (hydrocodone, hydromorphone, oxymorphone and oxycodone) to its drug testing panel. DOT also proposes to add methylenedioxyamphetamine (MDA) as an initial test analyte, and … Continue Reading
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration announced a final rule on December 2, 2016 establishing a national drug and alcohol clearinghouse database for commercial motor vehicle drivers. This new database will contain information pertaining to violations of the DOT’s drug and alcohol testing regulations for holders of commercial driver’s licenses. Although … Continue Reading
The Occupational Safety and Health Administration published a memorandum on October 19, 2016 that explains statements made about post-accident drug and alcohol testing in its commentary to the Electronic Recordkeeping Rule, i.e., “Improve Tracking of Workplace Injuries and Illnesses,” which was published in May. Among other things, the rule prohibits retaliation against employees who report … Continue Reading
The Drug Enforcement Administration (“DEA”) announced September 7, 2016 that it intends to temporarily schedule the synthetic opioid known as U-47700 on Schedule I of the federal Controlled Substances Act because it poses an imminent hazard to the public safety. A final scheduling order will be made on or after October 7, 2016. Schedule I … Continue Reading
As part of the federal government’s efforts to address the opioid abuse epidemic, the U.S. Food and Drug Administration (“FDA”) issued a safety announcement on August 31, 2016, advising against the mixture of opioid medications and benzodiazepines. Specifically, a FDA review found that combining opioid medicines with benzodiazepines or other drugs that depress the central … Continue Reading
The Drug Enforcement Administration (“DEA”) announced August 30, 2016 that it intends to add the opioids Mitragynine and 7-Hydroxymitragynine, also known as Kratom, to the list of Schedule I drugs under the federal Controlled Substances Act because Kratom poses an imminent hazard to public safety. Kratom is a tropical tree indigenous to Thailand, Malaysia, Myanmar, … Continue Reading
The federal Drug Enforcement Administration announced August 11, 2016 that it denied two petitions to reschedule marijuana under the Controlled Substances Act (CSA). In addition, DEA announced a policy change designed to foster research by expanding the number of DEA-registered marijuana manufacturers, and issued a statement of principles concerning industrial hemp. The CSA categorizes drugs … Continue Reading
Yesterday, OSHA announced that it would delay the effective date of one portion of the final rule, “Improve Tracking of Workplace Injuries and Illnesses” also known as the Electronic Recordkeeping rule. Specifically, OSHA has delayed enforcement of the anti-retaliation provision, 1904.35(b)(1)(iv), from August 10, 2016 until November 1, 2016. Section 1904.35(b)(1)(iv) states, “[employers] must not discharge or … Continue Reading
