Drug Testing

News & Analysis as of

Best in Law: Employers, Be Aware of Just-signed Laws

Bathrooms, Retirement Plans Among New Laws, Partner Brian Reider Writes in the Press-Enterprise - As we wind up this year and look back on the election, legislation passed in California and recent court decisions, there...more

EEOC Increases Scrutiny of Employer Actions Taken Against Prescription Drug Users

Prescription drug abuse has made national news in the last few years. In March 2016, President Obama noted that “prescription opioid abuse and [the] heroin epidemic claims the lives of tens of thousands of Americans each...more

DOT Creates CDL Drug and Alcohol Clearinghouse, Imposing Employer Reporting and Query Obligations

On December 2, 2016, the U.S. Department of Transportation announced a final rule establishing a new “Commercial Driver’s License Drug and Alcohol Clearinghouse.” The Clearinghouse will provide a central database identifying...more

New Electronic Reporting Rule for Workplace Injuries in Effect

OSHA’s new rule requiring employers to electronically submit data on workplace injuries and illnesses went into effect yesterday, December 1, 2016. Actual electronic submissions to OSHA, however, do not begin until July 2017....more

Federal Judge Denies Preliminary Injunction on OSHA’s New Anti-Retaliation Regulation

On Nov. 28, 2016 a federal judge in Texas cleared the way for the Occupational Safety and Health Administration’s (OSHA) new anti-retaliation regulation to take effect on Dec. 1, 2016, at least temporarily (Texo ABC/AGC,...more

BREAKING: FMCSA Announces National Drug And Alcohol Testing Clearinghouse For Commercial Truck, Bus Drivers

The day has finally come. The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration announced Friday that it had issued a Final Rule establishing a drug and alcohol clearinghouse for holders of...more

Employers Should Review Their Drug Testing Policies To Avoid Possible OSHA Penalties

Effective November 1, 2016, employers now face several new requirements from OSHA relating to injury and illness reporting. Among other requirements that went into effect, employers should now post OSHA’s “It’s the Law”...more

OSHA's Enforcement of New Anti-Retaliation Provisions Commences on December 1, 2016, as Industry's Request for Preliminary...

The Occupational Safety and Health Administration’s (OSHA) vague, broad and controversial new anti-retaliation regulations prohibiting employers from retaliating or taking adverse action against employees who report injuries...more

OSHA’s New Anti-Retaliation Workplace Illness and Injury Reporting Rule: How Employers Can Prepare

On November 28, 2016, the U.S. District Court for the Northern District of Texas denied a preliminary injunction that sought to block the nationwide implementation of the new Occupational Safety and Health Administration’s...more

OSHA’s New Rule Will Impact Employer Post-Accident Drug Testing Policies

On November 28, 2016, a Texas federal judge denied a request for a preliminary injunction, which sought to enjoin implementation of the anti-retaliation provisions of the Occupational Safety and Health Administration’s...more

Federal Court Denies Motion For Preliminary Injunction Of Anti-Retaliation Provisions of OSHA Reporting Rule

Yesterday, a federal judge denied a preliminary injunction filed by several businesses and business groups regarding the anti-retaliation portion of OSHA’s final rule regarding injury and illness reporting. As previously...more

Court Allows OSHA’s Reporting Rule To Proceed As Scheduled Although Rule Can Still Be Challenged, December 1 Effective Date Is On...

On November 28, a Texas federal court judge issued a ruling that cleared the way for the whistleblower provisions of the new Occupational Safety and Health Administration (OSHA) Recordkeeping Rule to take effect as scheduled....more

Texas Court Declines to Enjoin OSHA's Anti-Retaliation Rules

In the last few weeks, federal courts in Texas have been the center of attention, deciding what rules and regulations of the current administration may fall to legal challenges asserted in the jurisdiction by collections of...more

Court Refuses To Block OSHA’s New Anti-Retaliation Rule That Restricts Post-Accident Drug Testing And Safety Incentive Programs

A federal judge in Dallas, Texas, decided Monday that the Occupational Safety and Health Administration could begin enforcing the anti-retaliation provisions of its new “Reasonable Reporting Procedure” rule starting tomorrow...more

OSHA, Drugs, and Rock ‘n’ Roll: A Musical Soundtrack to OSHA’s NewDrug Testing and Anti-Retaliation Rule

It’s the first of December. Significant changes in workplace safety law take effect today. OSHA’s new drug testing and anti-retaliation rule, which alters the circumstances when drug testing can be conducted and...more

Federal Judge Refuses to Block New OSHA Anti-Retaliation Rule from Taking Effect Tomorrow

A federal judge has refused to issue a preliminary injunction to block OSHA’s new anti-retaliation and discrimination rule from taking effect as scheduled. This means that tomorrow, December 1, the rule prohibiting employers...more

OSHA’s Regulation of Post-Accident Drug and Alcohol Testing to Become Effective, For Now

On November 28, 2016, a federal district court issued an order that allowed OSHA to move forward with implementation of its controversial standards related to mandatory post-accident drug testing programs and incident-based...more

OSHA Anti-Retaliation Rule Will Take Effect December 1

A federal judge on November 28 refused to block implementation of the anti-retaliation provisions of OSHA’s recordkeeping and reporting rule scheduled to take effect December 1, 2016. The business groups challenging the rule...more

OSHA Update: Court Allows OSHA’s New Anti-Retaliation Rules To Stand – At Least For Now

On November 28, 2016, the United States District Court for the Northern District of Texas denied a request for a preliminary injunction to prevent enforcement of OSHA’s controversial new anti-retaliation rules. The plaintiffs...more

Court Denies Temporary Injunction on OSHA’s Electronic Reporting Regulation

On November 28, 2016, a federal district judge rejected several industry groups’ attempt to halt certain aspects of the Occupational Safety and Health Administration’s (OSHA) Improve Tracking of Workplace Injuries and...more

Court Denies Preliminary Injunction on New OSHA Rules on Drug-Testing, Retaliation Claims, and Accident Reporting

Seyfarth Synopsis: The Federal District Court has denied industry’s request to enjoin OSHA’s new rules on mandatory post-accident drug screenings and safety incentive programs, workplace retaliation, and requiring employers...more

Judge Rules That OSHA Can, FOR NOW, Start Enforcing Limits On Incentives And Drug Testing

On November 28th Texas US District Court Judge Sam Lindsay issued a 17 page Order denying employers groups a temporary injunction on OSHA’s revisions to its recordkeeping standard involving restrictions on safety incentives...more

Court Declines to Enjoin OSHA Drug Testing and Safety Incentives Under the Electronic Recordkeeping Reporting Rule

On a very limited legal basis, a federal district court has declined to enjoin the U.S. Occupational Safety and Health Administration from enforcing portions of its new recordkeeping rule related to potentially retaliatory...more

OSHA Issues Guidance on Recordkeeping Anti-Retaliation Rule Even with Fate of the Rule in Question

OSHA’s new electronic injury recordkeeping rule includes anti-retaliation provisions that create new employer obligations and prohibitions related to internal employee injury reporting procedures, and expands OSHA’s...more

Marijuana Initiatives Do Not Require Changes to Drug Testing Policies

Last Tuesday’s election resulted in California and Massachusetts approving referendums to legalize recreational marijuana use. In addition, Florida and several other states passed or expanded medical marijuana use laws....more

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