Easy? Ha! Last week, I posted about “fun” facts related to drugs and alcohol in the workplace. That post was an prelude to what I’ll talk about today: What employers ought to do. As I pointed out last week, marijuana is...more
Sober up, folks! Here we go. With the legalization of marijuana and cannabis products in so many states, dealing with substance abuse in the workplace has become ridiculously complicated. This is the first of a two-part...more
Big changes are in store for commercial driver’s license (CDL) holders who test positive for drugs or alcohol. In October 2021, FMCSA issued a final rule aimed to improve highway safety. Under the rule, CDL holders with drug...more
Happy New Year! The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2024. These rates are the annual minimum drug and alcohol random testing rates. The rates...more
Over the last few years, the drug testing landscape in the workplace has changed drastically. With the legalization of marijuana in some states and the decriminalization of drugs in others, it can be challenging to build a...more
Dealing with the Colorado Springs DMV can be an incredibly stressful and confusing experience. From enduring long holds and waiting in lengthy lines to receiving inconsistent information, the DMV often lives up to its...more
Reliable sources say the Tennessee General Assembly is poised to introduce legislation to take away jurisdiction over beer at restaurants and limited service restaurants from the Metro Nashville Beer Board. HB0594 is...more
Maritime operators should diligently enact and follow policies and procedures on personal leave and drinking ashore. In a recent decision from the U.S. District Court for the Middle District of Louisiana, the court refused to...more
If you are convicted of DUI in Colorado, you will be subject to a number of criminal penalties, including the potential for jail time. However, it does come with restrictions regarding a driver's driving privileges, including...more
Federal regulations are changing the way a district must conduct alcohol and drug background checks for prospective Commercial Driver License (CDL) drivers. Beginning January 6, 2023, a school district must use the “Drug and...more
Commercial establishments where alcoholic beverages are served (e.g., bars, restaurants) and social hosts who serve alcohol in non-commercial settings may find themselves potentially liable for damage, injury, and/or death...more
The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2022. The random test rates did not change, except for maintenance-of-way workers under the Federal Railway...more
The Alberta Court of Queen's Bench has recently issued a decision that provides guidance regarding the contractual right of a non-unionized employer to implement randomized drug and alcohol testing. ...more
The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2021. The random test rates did not change for 2021...more
A federal court in Rhode Island allowed a former employee to proceed with her lawsuit alleging that the employer violated state law when it terminated her employment after a positive breath alcohol test. Stafford v. CSL...more
The FMCSA will exercise "enforcement flexibility." The Federal Motor Carrier Safety Administration announced last week that it will be flexible when, due to COVID-19, transportation employers are unable to comply with the...more
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration issued a Notice of Enforcement Discretion Determination on July 6, 2020 concerning random drug and alcohol testing during calendar year 2020....more
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced on March 13, 2020, that, due to the COVID-19 outbreak, exemptions for some regulations were warranted for certain motor...more
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) published a notice of proposed rulemaking (NPRM) on April 28, 2020 seeking to prohibit State Driver’s Licensing Agencies (SDLAs) from...more
On March 23, 2020, the U.S. Department of Transportation (DOT) issued guidance to DOT-regulated employers, employees, and service agents regarding drug and alcohol testing concerns during the ongoing COVID-19 pandemic. In the...more
Today the Federal Motor Carrier Safety Administration issued guidance for employers that is designed to assist them in complying with their drug and alcohol testing obligations during the coronavirus pandemic. The guidance...more
The COVID-19 pandemic is interrupting, and in many cases, preventing compliance with the Department of Transportation’s (DOT) drug and alcohol testing regulations. On March 23, 2020, DOT published guidance on compliance with...more
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration issued guidance on March 24, 2020 to address potential disruptions to mandated drug and alcohol testing during the COVID-19 crisis. The FMCSA...more
With the wrenching and pervasive cessation of normal business and societal activities in the past few weeks, Fox Rothschild has been addressing questions from transportation industry clients concerning their ongoing...more
The U.S. Department of Transportation Office of Drug and Alcohol Policy Compliance issued guidance on March 23, 2020 to provide clarity with respect to existing requirements for DOT-mandated drug and alcohol testing during...more