2021-05-01 20:33
Urgent care centers are well known for being the first place people turn to for quick medical assistance. When most people think of urgent care centers, they automatically assume that they o… Read More
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Stories and articles related to drugs, drug testing, the drug testing industry, laws, regulations, or drug and alcohol-related news
2021-03-06 15:56
In celebration of International Women’s Day (IWD) and Women’s History Month, we honor Senator Elizabeth Dole, an influential American leader who was an early champion for gender… Read More
2020-12-05 00:59
The United States House of Representatives passed a marijuana de-criminalization resolution.[1] Should employers panic?
Quick Summary
Marijuana is not actually decriminalized; the resolution… Read More
2020-11-06 21:42
The 2020 elections involved 10 different voter ballot initiatives across the nation involving the legalization, decriminalization, or priority demotion of various drugs. This video session p… Read More
2020-11-05 20:55
When a United States Department of Transportation qualified breath alcohol technician (DOT BAT) is faced with testing an employee for alcohol, how does the DOT BAT ensure safety and security… Read More
2020-10-25 15:19
Recently, the Supreme Court of Ohio resolved the question of whether an at-will employee has a cause of action for invasion of privacy against its private employer for requiring the employee… Read More
2020-10-10 19:10
Companies often have a duty to test their employees for recreational and illegal substances to ensure that they (and their colleagues) remain safe on-site. However, management and supervisor… Read More
2020-10-04 01:04
Drug tests are used to detect the presence of illegal or prescription drugs.[1] Employers may require job applicants and employees to submit to drug testing either during the hiring process… Read More
2020-09-12 22:11
Many employers are coming to understand the benefits of drug testing employees with in-house drig testing. Going to third parties for drug and alcohol testing is often unnecessarily time-con… Read More
2020-09-07 19:27
Historically, every state has legally enforced some form of pre-employment drug testing. These policies have helped businesses enhance job safety, practice risk aversion, gain legal ad… Read More
2020-08-31 21:50
Introduction
The History of Medical Marijuana
History of Workers compensation
Legal Standards
Discrimination in the workplace
Off-Duty Use
Drug Testing
Privacy Rights
Drug Testing for Mariju… Read More
2020-08-31 19:33
[August 31, 2020]
This guidance document discusses changes to the revised Federal Drug Testing Custody and Control Form (CCF), which was approved by the Office of Management and Budget… Read More
2020-08-30 16:57
PART I: INTRODUCTION
PART II: BACKGROUND ON FEDERAL DRUG TESTING MODES
PART III: REGULATION OF OFF-DUTY CONDUCT
PART IV: ALTERNATIVES
PART V: EMPLOYEE’S PRIVACY INTEREST
PART VI: CONCL… Read More
2020-08-22 23:10
On May 10, 2020, New York City’s ban on pre-employment marijuana testing took effect. New York City Council passed this law on April 9, 2019. The law prohibits employers from cond… Read More
2020-08-22 21:13
Reasonable suspicion is one of several reasons an employer may rely on to require employees to submit to a drug or alcohol test. But what does having “reasonable suspicion” reall… Read More
2020-08-22 17:17
Can an organization require random drug tests conducted under direct observation in a non-federally regulated testing pool? It depends.
In Wilcher v. City of Wilmington the United States Cou… Read More
2020-07-10 17:53
Due to Coronavirus Disease 2019 (COVID-19), President Trump declared a national emergency under 42 U.S.C. § 5191(b) on March 13, 2020. To date, the nation is still in a state of na… Read More
2020-06-27 17:10
Emergency Declaration No. 2020-002 Extended for Three Months
President Trump declared a national emergency under 42 U.S.C. § 5191(b) related to Coronavirus Disease 2019 (… Read More
2020-06-21 20:55
What protections are afforded to employees subject to federally mandated drug testing programs? In 1986 an Executive Order barred drug use by federal employees who were on or off-duty and ta… Read More
2020-06-21 20:43
The Occupational Safety and Health Administration (“OSHA”) was created to ensure safe and healthy working conditions for working women and men by establishing and enforcing… Read More
2020-06-21 19:51
Is it unconstitutional for an employer to require that a drug test be taken on the same day that a prospective employee is offered the position? In the New Jersey case Vargo v. National Exch… Read More
2020-06-12 17:33
The case Casados v. Denver involves an action challenging the constitutionality of a drug and alcohol testing policy based on reasonable suspicion.[1] In October of 1988, the mayor issued Ex… Read More
2020-06-01 14:09
Edgerton v. State Personnel Board involved a dispute between the Department of Transportation (“Caltrans”) and the International Union of Operating Engineers (“IUOE”)… Read More
2020-05-27 14:12
It’s not enough to decide to have a drug-free workplace; guidelines and testing have to be implemented to reinforce this mandate. For some companies, this is done strictly to provide p… Read More
2020-05-26 19:58
The world has seen a substantial increase in unemployment due to COVID-19 and the subsequent statewide shutdowns. As states start pulling back on their shutdown policies, companies are… Read More
2020-05-14 21:05
Bolden v. Southeastern Pennsylvania Transportation Authority involved a dispute between Bolden, a custodian employed by the Southeastern Pennsylvania Transportation Authority (“SEPTA&r&hell…Read More
2020-05-10 20:00
Dykes v. Southeastern Pennsylvania Transportation Authority involved Dykes, a bus driver employed by the Southeastern Pennsylvania Transportation Authority (“SEPTA”) and represen… Read More
2020-05-10 20:00
Dykes v. Southeastern Pennsylvania Transportation Authority involved Dykes, a bus driver employed by the Southeastern Pennsylvania Transportation Authority (“SEPTA”) and represen… Read More
2020-04-11 16:04
Employers should always follow their drug-free workplace procedures; however, sometimes steps slip through the cracks causing critical issues down the line. Missing a step in a drug testing… Read More
2020-04-10 15:22
In September of 1986, Executive Order 12564 was issued, which prohibited illegal drug use by federal employees both on and off duty.[1] The order directed all executive agencies to develop a… Read More
2020-04-03 16:24
The following case from Oregon focuses on reasonable suspicion testing and when an employer has a good faith belief when taking adverse action against an employee. The court in Kelly v. Boei… Read More
2020-03-25 13:54
In modern society, it is believed that supervisors have existed as long as humans have been around. While it is true that there have always been leaders and those that others follow, the rol… Read More
2020-03-24 17:25
Is testing an employee under reasonable suspicion a violation of his or her 4th amendment right to privacy? What are some examples or reasonable suspicion factors courts have considered cons… Read More
2020-03-17 23:57
Public pressure in the early 1900’s led to the U.S. government adopting employee safeguard acts which eventually turned into the workers’ compensation laws in America.[1] An empl… Read More
2020-03-16 18:22
Employers of transportation-related safety-sensitive employees must abide by the strict regulations found in the 49 C.F.R. Part 40 and the regulations specific to the DOT sub-agency that has… Read More
2020-03-07 14:08
You have a DOT employee who has been part of a follow-up testing program mandated by the Substance Abuse Professional (SAP) for several months and all seems to be going fine, the results are… Read More
2020-03-03 19:26
There are three types of training required for DOT Urine Specimen Collectors, Breath Alcohol Technicians (BATs), and Screening Test Technicians (STTs) under the 49 C.F.R. § 40.
Initial… Read More
2020-02-23 17:04
Is an employee who tests positive for any illegal substances automatically subject to termination? What constitutes a threat to public safety? In Eastern Associated Coal Corp. v. Mine Worker… Read More
2020-02-18 15:46
The Agricultural Improvement Act of 2018, Pub. L. 115-334, (Farm Bill) removed hemp from the definition of marijuana under the Controlled Substances Act. Under the Farm Bill, hemp-derived pr… Read More
2020-02-07 17:03
In June of 2019, Illinois adopted the Illinois Cannabis Regulation and Tax Act which legalized the recreational use of marijuana.[1] This law became effective January 1, 2020 and employ… Read More
How Can A Reasonable Suspicion Determination Lacking Sufficient Reasonable Suspicion Still Be Valid?
2020-02-03 16:52
Can an employee’s voluntary consent to a drug test negate the statutory requirements to establish reasonable suspicion? In Poulos v. Pfizer, Inc. the court considered two issues, the f… Read More
2020-01-27 16:11
Is it necessary to have two supervisors observe the impaired conduct of your employees to establish enough reasonable suspicion to have them tested for drugs or alcohol? Does split… Read More
2020-01-21 15:22
Do state drug testing regulations contradict federal regulations when it comes to reasonable suspicion drug tests? Be sure to look at exception clauses in the law. In the early 1980’s… Read More
2020-01-12 01:21
Determining what is “reasonable” in establishing “reasonable suspicion” can be very difficult to pin-point. In Railway Labor Executives’ Association v. Burnley… Read More
2019-12-29 17:54
The Fourth Amendment – a right recognized in the United States Constitution which allows the American people to be “secure in their persons, houses, papers, and effects, aga… Read More
2019-11-24 12:36
Andrew David Easler, a local resident of Melbourne, Florida has been named the recipient of the $1,000 scholarship offered by the ABW Law firm from among over fifty applicants nationwide.
Ma… Read More
2019-10-24 21:02
Effective January 1, 2020, The Department of Health and Human Services (“HHS” or “Department”) has established scientific and technical guidelines for the in… Read More
2019-08-26 16:50
Toilet “hats” are collection devices which aid the donor in providing a urine specimen for testing. They fit on the rim of the toilet and most provide pre-printed measuring lines… Read More
2019-08-21 17:26
DrugTestingCourses.com, the leader in drug and alcohol testing training and education announced today that it will debut its new online platform at the 2019 Annual SAPAA (Substance Abuse Pro… Read More
2019-07-31 18:24
There is a great deal of confusion across the country in both the private and public sector as the legislatures and courts figure out the best way to handle the call for the legalization of… Read More
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