Alcohol Testing

News & Analysis as of

Alberta Arbitration Board Rules Random Drug and Alcohol Testing Unreasonable

In the ongoing debate on random drug and alcohol testing of employees, an Alberta Arbitration Board (the “Board”) has found that an employer’s random drug and alcohol testing policy is unreasonable. The Board’s...more

Last Call! Third Circuit Court Of Appeals Rules That Employer Can Terminate Employee For Violating Strict No Alcohol Return To...

The Third Circuit Court of Appeals recently issued a decision holding that an employer's termination of an employee for violating a very broad and restrictive return to work agreement (RWA), which prohibited the employee from...more

How Breathalyzer Tests Affects Your DUI Case in California

After you were pulled over and before you were formally arrested, an officer likely asked you to blow into a handheld Breathalyzer®, which is referred to as a preliminary alcohol screening device or PAS device. How you...more

Okay to Terminate Employee for Violating No-Alcohol Provision of Return to Work Agreement, Says Third Circuit

In Ostrowski v. Con-way Freight, Inc., No. 12-3800, 2013 WL 5814131 (3d Cir. Oct. 30, 2013), the U.S. Court of Appeals for the Third Circuit affirmed that an employer may discharge a driver sales representative ("DSR") who...more

Is It Possible To Beat A DUI Charge?

Believe it or not, beating a DUI charge is possible. However, you should realize that two factors greatly influence whether you are convicted for driving under the influence: the lawyer you hire and your behavior when police...more

New Jersey DUI Blood Sampling Law In Flux

The common police tactic of getting blood or urine samples from individuals suspected of driving under the influence (DUI) is currently in flux....more

Drink and Drive. Get Fired. Collect Unemployment Benefits? Yep, Says Court.

One day, your human resources manager comes to you. She tells you that an employee lost his commercial driver’s license because he was caught — off the job — driving drunk....more

Driving Under The Influence — Lowering The Limit

Despite intense efforts to reduce the number of drunk drivers on the road, driving while under the influence of alcohol causes many deaths and injuries across America each year....more

Supreme Court Speaks On Random Alcohol Testing

The Supreme Court of Canada has released its decision in a much-anticipated case about random alcohol testing in the workplace. In a split decision, a majority of the Court decided that a policy requiring employees in a New...more

The Supreme Court of Canada Provides Guidance on Random Alcohol Testing

In Irving Pulp & Paper, Limited v. Communications, Energy and Paperworkers Union of Canada, Local 30, a decision released on June 14, 2013, the Supreme Court of Canada has confirmed the limited ability of management to...more

SCC Rules On Random Alcohol Testing At Pulp And Paper Mill

On June 14, 2013, the Supreme Court of Canada released its highly anticipated decision in Communications, Energy and Paperworkers Union of Canada, Local 30, v. Irving Pulp & Paper, Ltd., 2013 SCC 34....more

Federal Court Rejects ADA Suit Over Random Alcohol Testing of Probationary Plant Employees

A federal judge in Pennsylvania has dismissed an Equal Employment Opportunity Commission challenge to U.S. Steel Corporation's random alcohol testing of probationary employees at one of the company's most safety sensitive...more

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