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Fitness for Duty Exams Drug Testing

Fishman Haygood LLP

The U.S. Fifth Circuit Applies American Pipe to Preserve Putative Class Member’s Discrimination Claims

Fishman Haygood LLP on

The U.S. Fifth Circuit Court’s recent decision in Zaragoza v. Union Pacific Railroad (“Zaragoza”) has highlighted key issues in class action lawsuits and the application of tolling principles. The plaintiff’s previous...more

Morgan Lewis - Up & Atom

NRC Hosts Public Meeting on Final Changes to Fitness-for-Duty Drug Testing Requirements

The Nuclear Regulatory Commission (NRC) hosted a public meeting on April 13 to discuss and solicit stakeholder feedback on the cumulative effects of regulation regarding final changes made to the fitness-for-duty (FFD) drug...more

Morgan Lewis

NRC Issues Proposed Rule to Update Part 26 Drug Testing Program

Morgan Lewis on

As anticipated in our September 3 blog, the NRC on September 16 published in the Federal Register a proposed rule and request for comment regarding its amendment of 10 CFR Part 26, “Fitness for Duty Programs” (FFD). We...more

Morgan Lewis

NRC Prepares Proposed Rule Updating Drug Testing Program Under Part 26

Morgan Lewis on

The NRC will soon issue in the Federal Register a proposed rulemaking to amend the drug testing requirements of the Fitness for Duty (FFD) Program in 10 CFR Part 26. The proposed rule seeks to align the NRC’s drug testing...more

Littler

Washington Public Employer Hit with $1.8 Million Judgment for Failing to Accommodate Prescription Drug User

Littler on

Last month, a Washington federal district court judge ordered an employer to pay a terminated employee a little over $1.8 million in damages for failing to accommodate the employee’s use of opioids that had been prescribed to...more

Littler

Rhode Island Superior Court Rules on Job Applicant's Medical Marijuana Use

Littler on

In a case of first impression in the state, the Rhode Island Superior Court recently ruled an employer is prohibited from refusing to hire a prospective employee because the employee would potentially fail a pre-employment...more

Blake, Cassels & Graydon LLP

Ontario Court Allows Workplace Random Drug and Alcohol Testing to Proceed

In April 2017, the Ontario Superior Court of Justice allowed the Toronto Transit Commission (TTC) to proceed with implementing random drug and alcohol testing of safety-sensitive employees, pending the outcome of an ongoing...more

Littler

Random Alcohol and Drug Testing – New Hope for Ontario Employers?

Littler on

A recent decision from the Ontario Superior Court of Justice may pave the way for random alcohol and drug testing in the workplace. However, the final word is yet to come from a long-anticipated decision from an Ontario...more

Seyfarth Shaw LLP

It’s the PITs! Employer Guide to Forklift Liability in the Workplace

Seyfarth Shaw LLP on

Take a look around you. There’s a good chance you work at a facility that uses a Powered Industrial Truck (PIT). OSHA defines a PIT as “any mobile power-propelled truck used to carry, push, pull, lift, stack or tier...more

Seyfarth Shaw LLP

Zero tolerance – the new standard in the construction industry

Seyfarth Shaw LLP on

In September 2015, the Building Code 2013 was amended to incorporate mandatory drug and alcohol testing for Commonwealth funded construction projects. From 16 October 2015, head contractors must have a comprehensive fitness...more

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