Tag: drug testing

OSHA Promotes Workplace Safety by . . . Limiting Drug and Alcohol Testing?

Employers that promote workplace safety by ensuring workers are not under the influence of drugs or alcohol after they suffer a workplace injury will soon face greater scrutiny from the Occupational Safety and Health Administration (“OSHA”).  A new OSHA rule that goes into effect August 10, 2016 casts serious doubt on whether employers can lawfully … Continue Reading

Medical Marijuana and Zero Tolerance Drug Testing Policies Remain An Issue For Employers

Employers and the courts continue to wrestle with issues involving “zero tolerance” drug testing policies and whether employers must accommodate medical marijuana use by their employees. Marijuana use is illegal under the federal Controlled Substances Act, and therefore does not need to be accommodated under the federal Americans with Disabilities Act (“ADA”). However, 15 states currently have … Continue Reading

Ninth Circuit Holds “One-Strike” Drug Testing Rule Does Not Violate ADA

The Ninth Circuit Court of Appeals yesterday held in Lopez v. Pacific Maritime Association that an employer’s one-strike drug testing policy for applicants does not violate the Americans With Disabilities Act (“ADA”). The one-strike policy in question stated that the company would never hire any applicant who tested positive on a pre-employment drug screening. All applicants were … Continue Reading

Washington Court of Appeals Upholds Termination Where Medical Marijuana Use Caused Drug Test Failure

Note:  On April 1, 2010, the Washington Supreme Court granted review of the Court of Appeals decision discussed in this entry.  A final ruling on the case will be issued by the Washington Supreme Court at a later date.   A Washington Court of Appeals has ruled that Washington’s Medical Use of Marijuana Act (“MUMA”) … Continue Reading

Bus Driver’s “Shy Bladder Syndrome” a Disability

A school bus driver who was demoted after his "shy bladder syndrome" left him unable to comply with his employer’s drug testing procedures may proceed with claims under the Americans with Disabilites Act (ADA) according to a recent ruling from a Tennessee federal court.  Click here to read the full opinion in Melman v. Metropolitan Government … Continue Reading

New DOT Regulation Requires Expanded Observed Urination in Drug Testing

Effective August 25, 2008, the Department of Transportation will require transportation workers who previously tested positive for prohibited drugs to give urine specimens while being watched by specimen collectors.  The new regulations will apply to workers in safety-sensitive positions in the aviation, motor carrier, rail, transit, maritime, and pipeline industries. Under current regulations, only workers suspected … Continue Reading
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