News & Analysis as of

Drug & Alcohol Abuse Drug Testing

Greenbaum, Rowe, Smith & Davis LLP

NJ Appellate Division Upholds BME Suspension of Doctor’s License

A recently decided case, In the Matter of the License of Pemberton, M.D., is an example of the deference New Jersey courts give to decisions made by the New Jersey State Board of Medical Examiners. On June 10, 2024, the New...more

Bowditch & Dewey

How Alcohol and Substance Use Disorder Impacts Divorce

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Alcohol and substance use disorders (including alcohol and controlled substances like cocaine, heroin, and opioids) are increasing in many parts of the United States, with significant impacts on those affected and their...more

Mitratech Holdings, Inc

[Webinar] Next Gen Drug Screening: State of the Market and Where It’s Going - April 4th, 11:00 am CST

$81 billion... That's how much the National Council on Alcoholism and Drug Dependence (NCADD) estimates drug abuse costs employers every year. Avoid paying the price and dive into the cutting-edge of drug screening...more

Troutman Pepper

Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

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The Max TV series “Industry” exaggerates —and occasionally glamorizes —illicit drug use in the workplace. However, in real life, employee substance use and addiction can raise significant issues. According to the Society for...more

FordHarrison

“Animal Control”: Killer Bunnies and the War on Drugs in the Workplace

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When you combine exotic and potentially dangerous animals, professional ineptitude, quirky colleague personalities, and the occasional office drug use, there is ample fodder for an employment law blog....more

Parker Poe Adams & Bernstein LLP

ADA Allows Employers to Offer ‘Last Chance' to Employees After Alcohol or Drug Violations

As an alternative to termination, employers faced with employee drug or alcohol policy violations sometimes want to give that person a second chance. Typically, this process involves a commitment by the employee to seek...more

McNees Wallace & Nurick LLC

Compliance Reminder: U.S. Department of Transportation Drug and Alcohol Clearinghouse For Commercial Drivers Takes Effect January...

Employers of drivers who hold commercial driver’s licenses (CDL) have been subject to U.S. Department of Transportation drug and alcohol testing requirements for over twenty-five years....more

Seyfarth Shaw LLP

Does it Violate Public Policy to Terminate a Drunk Employee? “Absolut”-ly Not

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Seyfarth Synopsis:  Does Pennsylvania’s public policy preclude a nuclear power plant from terminating an employee for being drunk on the job? “No,” the United States District Court for the Middle District of Pennsylvania...more

Littler

FMSCA-Regulated Employers Take Note: Drug and Alcohol Clearinghouse Implementation Quickly Approaching

Littler on

In 2012, Congress passed and President Obama signed the “Moving Ahead for Progress in the 21st Century Act,” a transportation reauthorization bill referred to as “MAP-21.”...more

Bowditch & Dewey

Combating Opioid Abuse in the Workplace - A Proactive Approach For Employers

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The opioid crisis in America remains at epidemic proportions. A study from Boston Medical Center published last week estimates that 275,000 Massachusetts residents, or 4.6% percent of all adults and children older than age...more

FordHarrison

Airline Industry Alert: FAA Enacts Prompt Settlement Policy for Pilots Who are First-Time Violators of Drug and Alcohol Testing...

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On October 1, 2018, a new Federal Aviation Administration (FAA) policy went into effect that allows commercial pilots who are first-time violators of certain drug and alcohol testing provisions the opportunity for prompt...more

Fisher Phillips

Workers in High-Risk Industries at Greater Risk for Opioid Deaths, Study Says

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Your employees could be at a heightened risk for developing an addiction to opioids after a workplace injury. Now is the time to take measures to minimize the risk of this happening to them. It is well known that...more

K&L Gates LLP

Working Wise: Workplace Considerations Related to the Opioid Epidemic

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In this episode, Ryan Redekopp discusses some of the major workplace considerations related to the opioid epidemic, including potential signs that an employee might be suffering from addiction; considerations related to drug...more

Bradley Arant Boult Cummings LLP

Averting Government Scrutiny in the Wake of an Opioid Prescribing Crackdown - Practical Pain Management

The scourge of opioid-related addiction and risk is a well-known story among the pain management community. In response to this federally declared public health crisis, government prosecutors are upping their game. Almost...more

Dentons

Drugs, Lies, and Videotape: Drug Diversion

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You are at your desk when you get the call from the pharmacy, maybe from where a med unit sits, or most terrifyingly, from the floor, and you’re told a patient didn’t get pain relief or has had a reaction to a drug which may...more

Constangy, Brooks, Smith & Prophete, LLP

Top 5 DOT Policy Fixes For 2018

There have been many significant regulatory changes at the U.S. Department of Transportation, as well as issues at the state level that affect employers of workers who are subject to DOT requirements. In 2015, the most...more

Jackson Lewis P.C.

Why The Healthcare Industry Should Pay Particular Attention To Drug And Alcohol Issues In The Workplace

Jackson Lewis P.C. on

While all employers struggle with navigating the ever-changing landscape of drug and alcohol issues in the workplace, healthcare employers should pay particularly close attention. According to the annual Quest Diagnostics...more

Husch Blackwell LLP

House Subcommittees Discuss The Impacts Of Opioids In The Workplace

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Today the House Subcommittee on Health, Employment, Labor, and Pension and the Subcommittee on Workforce Protections held a joint hearing on how the opioid epidemic is affecting workplaces and communities. Members heard about...more

Ballard Spahr LLP

Opioid Epidemic Spurs Increase in Drug Testing, Risks for Employers

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The Department of Transportation (DOT) recently added four drugs at the heart of the nation's opioid epidemic to its drug testing panels: hydrocodone, hydromorphone, oxycodone and oxymorphone—the central ingredients in such...more

Littler

DOT Tackles the Opioid Crisis: Agency Issues Guidance on Regulations Adding Semi-Synthetic Opioids to Testing Panel

Littler on

Effective January 1, 2018, employers with employees subject to the U.S. Department of Transportation’s drug-testing regulations will face new and broader testing obligations based on a Final Rule issued in November 2017....more

Jackson Lewis P.C.

U.S. Department Of Transportation Publishes Guidance For Updating Drug And Alcohol Testing Policies

Jackson Lewis P.C. on

The drug testing panel utilized by the U.S. Department of Transportation’s operating agencies will change on January 1, 2018. (Click here to read our blog post on that change). DOT published guidance on December 1, 2017 to...more

FordHarrison

Department of Transportation Adds Four New Drugs to Testing Panel

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On November 13, 2017, the Department of Transportation (DOT) announced that it is amending its drug-testing program to require testing for synthetic opioids. The new DOT regulations now harmonize with the Department of Health...more

Seyfarth Shaw LLP

DOT Amends Employee Drug Testing Requirements

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Seyfarth Synopsis: On November 13, 2017, the Department of Transportation amended its drug testing program regulation which, among other things, adds certain semi-synthetic opioids to its drug testing panel. ...more

Seyfarth Shaw LLP

Fourth Circuit Affirms Health Care Fraud Convictions for Billing Insurers for Medically Unnecessary Services

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Fourth Circuit found that the medical necessity of a given service constitutes a material element of representations regarding submissions for payment, potentially providing payors with another legal...more

Saul Ewing LLP

Wal-Mart Manager Terminated for Alleged Drug Abuse Files ADA Disability Bias Claim

Saul Ewing LLP on

Last Monday, former Wal-Mart manager Kathryn Silva filed an ADA disability bias claim in the Middle District of Pennsylvania that alleged Wal-Mart terminated her because she refused to sign a “last chance agreement.” The...more

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