Drug Testing and Substance Abuse Management Legal Updates

U.S. Department of Transportation Issues Final Rule Revising Drug Testing Procedures

[8/16/2010] The U.S. Department of Transportation has published a final rule revising certain drug testing procedures to conform its testing rules to new rules being implemented by the Department of Health and Human Services. The changes will become effective on October 1, 2010. read more...

Ohio Agency to Replace Drug-Free Workplace Program with Drug-Free Safety Program Effective July 1

[6/11/2010] On July 1, 2010, the Ohio Bureau of Workers' Compensation will replace its Drug-Free Workplace Program with a Drug-Free Safety Program. The DFSP is mandatory for companies (in-state or out-of-state) who bid or work on state construction projects (including subcontractors) and is voluntary for read more...

Court Lifts Ban on NFL Drug-Test Suspensions

[5/7/2010] A Minnesota trial court has ruled that the National Football League was properly considered an "employer" for state law purposes and that it violated the notice provisions of Minnesota's Drug and Alcohol Testing in the Workplace Act ("DATWA") in drug-testing two players. However, in the May 6, 2010 read more...

Implementation of Revisions to Federal Drug Testing Guidelines Moves to October 1

[4/30/2010] The U.S. Department of Health and Human Services ("DHHS") has announced that it will delay implementation of the revisions to the Mandatory Guidelines for Federal Workplace Drug Testing Programs from May 1, 2010, to October 1, 2010. The specific revisions to the Mandatory Guidelines were read more...

Oregon Employers Have No Duty to Accommodate Medical Marijuana

[4/16/2010] Finally resolving what had been an open question under Oregon law, Oregon's Supreme Court has ruled that Oregon law does not require employers to accommodate the use of illegal drugs, including medical marijuana that is otherwise allowed under state law. The Court, in Emerald Steel Fabricators read more...

Appeals Court Dismisses Employee's ADA Claim of Denial of Accommodation during Drug Test

[3/23/2010] Reversing a jury verdict for an employee claiming that he was denied a reasonable accommodation of his "shy bladder" syndrome during a random government-mandated drug test, a federal appeals court in New York has held that because the employee was offered the opportunity but failed to qualify for read more...

U.S. DOT Proposes Requiring Drug Testing for Ecstasy, Lowering Cutoff for Cocaine and Amphetamines

[2/8/2010] The U.S. Department of Transportation ("DOT") published a Notice of Proposed Rulemaking to make DOT's drug testing procedures consistent with new U.S. Department of Health and Human Services' ("HHS") requirements that would take effect on May 1, 2010. Highlights of the February 4, 2010, proposed read more...

Ruling Highlights Need for Confidentiality of Medical Information Disclosed During Test Review

[2/2/2010] An applicant who was not hired after testing positive for drugs used to control his epilepsy was permitted to proceed with his lawsuit asserting claims under the Americans with Disabilities Act because there were factual issues whether the employer made an improper medical inquiry and denied read more...

Change in Drug Testing Procedures for Police Not Up for Bargaining, New York Court Rules

[1/12/2010] The New York Court of Appeals, the state's highest court, has held that New York City was not required to bargain collectively, under New York's Taylor Law, over the City Police Commissioner's decision to phase out use of urinalysis and, instead, use radioimmunoassay hair testing for all drug read more...

New Hampshire "Medical Marijuana" Bill Fails to Overcome Governor's Veto

[11/11/2009] At least for now, New Hampshire has failed to become the 14th state in the nation to protect seriously ill patients from arrest for using medical marijuana if their doctor recommends it. On October 28, the state Senate's vote on the "medical marijuana" bill was 14-10, two votes short of the read more...