Beginning January 6, 2023, motor carrier employers subject to the regulations of the Federal Motor Carrier Safety Administration (FMCSA) may conduct part of the safety performance history investigation that is required for all driver-applicants in the FMCSA Clearinghouse. Specifically, employers are required by 49 CFR § 391.23(e)(1) – (3) to obtain information about a driver-applicant’s
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 |
Pending California Legislation Alert! Recently Introduced Bill Seeks to Protect Medicinal Marijuana Users from Employment Discrimination in California
Although both medicinal and now recreational consumption of marijuana have been legalized in California, this legalization did not impact an employer’s right to discipline or even terminate employees for marijuana use. That could change for medical marijuana users if a bill pending before the California legislature becomes law. To read the rest of this article,
Applicant’s Claim That Racially Biased Safety Officer Cancelled His Split Specimen Drug Test Was Insufficient to Establish Race Discrimination Under Cat’s Paw Theory
An employer that refused to hire an applicant based on a positive pre-employment drug test was entitled to summary judgment on the applicant’s race discrimination and civil conspiracy claims despite the applicant’s argument that the company safety officer cancelled his split specimen drug test due to discriminatory animus, according to the U.S. Court of Appeals
Ohio’s Employer-Friendly Medical Marijuana Law Takes Effect September 6, 2016
Ohio’s new medical marijuana law becomes effective on September 6, 2016, although it may take up to two years for implementing regulations to be written and for dispensaries and the patient registry to become operational. House Bill 523, the “Ohio Medical Marijuana Control Program,” allows people with certain medical conditions, upon the recommendation of a
Montana’s Revised Medical Marijuana Law Survives Constitutional Challenge
The Montana Supreme Court has upheld against a state constitutional challenge the State’s 2011 Montana Marijuana Act, a new statutory framework embodying the State’s effort to limit abuses resulting from the 2004 Medical Marijuana Act, which was established by voter initiation. Montana Cannabis Industry Ass’n v. The State of Montana, 2016 Mont. LEXIS 168 (Feb.
Do DOT-Regulated Employees Have A Privacy Interest In Their Positive Drug And Alcohol Test Results? Maybe Not.
Employees subject to U.S. Department of Transportation (“DOT”) drug and alcohol testing regulations may have limited privacy interests in their positive drug and alcohol test results of their positive drug and alcohol tests, according to a recent decision by the United States District Court for the Eastern District of California. McTimmonds v. Alcohol and Drug
WEBINAR: Medical and Recreational Marijuana In The Workplace: Must Employers Allow It?
Election Day 2014 saw Oregon, Alaska and the District of Columbia pass laws legalizing recreational marijuana. Almost half the states in this country have laws permitting medical marijuana. As state and local marijuana laws continue to proliferate, join us for an informative and timely 60-minute webinar addressing critical questions for employers, including:
- How do these
California Doctors May Soon Face Mandatory Random Drug and Alcohol Testing
This November, voters in California will decide whether to mandate drug and alcohol testing for doctors in the Golden State.
Proposition 46 – formally known as “Drug And Alcohol Testing Of Doctors. Medical Negligence Lawsuits. Initiative Statute.” – will appear on the ballot in California’s upcoming elections. If passed, hospitals operating in the State will
Will Positive Medical Marijuana Test Result In Denial Of Unemployment Benefits?
May unemployment benefits be denied where an employee authorized to use medical marijuana under state law tests positive for the drug on a workplace substance abuse test, is fired under the employer’s zero tolerance policy, and seeks unemployment compensation?
Michigan’s state Court of Appeals is being asked to provide an answer.
Rick Braska, a fork-lift