Failure to Observe: Resolving Unobserved Follow Up Plan DOT Urine Collections
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 coming...
View ArticleDOT Reasonable Suspicion Testing Violation and Constitutional Infringement...
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 authority...
View ArticleReasonable Suspicion Drug Testing After Workplace Accidents in Florida
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 employer’s interest in...
View ArticleKnox County: Evaluating the Constitutionality of Suspicionless and Reasonable...
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 constitutional?...
View ArticleThe History of the Supervisor
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 role of a...
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How Many Trained Supervisors Does it Take to Order a DOT Reasonable Suspicion...
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 specimen testing...
View ArticleAFGE v. Martin: Setting the Bounds of Reasonable Suspicion Testing for...
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 plan for...
View ArticleStueart v. Arkansas State Police Commission: Revealing the True Cost of...
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 procedure...
View ArticleThe Clash of the Titans: Reasonable Suspicion Drug Test Disputes Face Off...
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. Boeing Company...
View ArticleHolding Back Claims of Insufficient Reasonable Suspicion Under Collective...
Dykes v. Southeastern Pennsylvania Transportation Authority involved Dykes, a bus driver employed by the Southeastern Pennsylvania Transportation Authority (“SEPTA”) and represented by the Transport...
View ArticleSaved by the Settlement: How a Union Settlement Trumped an Unconstitutional...
Bolden v. Southeastern Pennsylvania Transportation Authority involved a dispute between Bolden, a custodian employed by the Southeastern Pennsylvania Transportation Authority (“SEPTA”) and represented...
View ArticleIn-House Workplace Drug Testing Training Program Helps Employers Reduce...
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 starting to...
View ArticleWhat Is The Policy For Hand Washing During Drug Testing?
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 peace of mind and...
View ArticleLearning from Failure: What Edgerton can Teach Employers and their Service...
Edgerton v. State Personnel Board involved a dispute between the Department of Transportation (“Caltrans”) and the International Union of Operating Engineers (“IUOE”) and Perrin Edgerton.[1] Perri...
View ArticleCarving out Privacy Protections in Reasonable Suspicion Drug Testing in Casados
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 Executive...
View ArticleTesting the Waters of Constitutional Privacy: When an Employer Requires a...
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 Exchange....
View ArticleComplying with OSHA Regulations in Drug Testing: Clarifying the Risk of...
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 standards and by providing...
View ArticleCutting Through Reasonable Suspicion Overreaches Like Yeutter: Delineating...
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 tasked...
View ArticleFMCSA Extends COVID-19 Measures for Three Months
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 (COVID-19).[1] The Federal Motor...
View ArticleWhat Employers Need to Know About the Federal Motor Carrier Safety...
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 national emergency. The...
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