News & Analysis as of

Drug Testing

Department of Transportation Adds Four New Drugs to Testing Panel

by FordHarrison on

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

DOT Amends Employee Drug Testing Requirements

by Seyfarth Shaw LLP on

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

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

by 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

A Broader View: Court of Appeal Confirms Holistic Approach for Random Drug and Alcohol Testing in Alberta

Alberta’s highest court has clarified the parameters of the law on random drug and alcohol testing and emphasized that courts and arbitrators alike should take a holistic approach to safety when examining the enforceability...more

FMCSA Expands Its Drug Testing Panel Effective January 1, 2018

by Jackson Lewis P.C. on

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration announced in a rule to be published in the Federal Register on November 13, 2017, that it will expand its drug testing panel to include four...more

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

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

Opioids In The Workplace

by SmithAmundsen LLC on

One of the first questions I ask when providing drug and alcohol training to managers, supervisors and employees is “What is the most commonly used illegal drug?” Typically, the response that I get will be alcohol (albeit not...more

Corridors October 2017 - News for North Carolina Hospitals

by Poyner Spruill LLP on

IRS Revokes Hospital's Exemption Under Section 501(c)(3) for Failure to Comply with Community Health Needs Assessment Requirements - On August 4, 2017, the Internal Revenue Service (IRS) released its first revocation of a...more

Government Employee Can Proceed To Trial On Her Challenge To The District Of Columbia’s “Blanket” Drug And Alcohol Tests

by Jackson Lewis P.C. on

The federal court for the District of Columbia ruled that a former employee of the D.C. Office of the Chief Medical Examiner (“OCME”) could proceed to trial with her claims that drug and alcohol tests she was required to take...more

Shorts on Long Term Care - October 2017 - News for the NC LTC Community

by Poyner Spruill LLP on

The Citation of Immediate Jeopardy Deficiencies Against Nursing Facilities: Unforeseen Consequences - There are no words more feared by a skilled nursing facility Administrator during an annual recertification survey or...more

Alberta Court of Appeal Weighs In on Random Drug and Alcohol Testing

by Bennett Jones LLP on

Employers in Alberta are likely to have greater latitude in terms of the evidence they can rely upon to justify a policy of random drug or alcohol testing in the workplace, following the decision of the Alberta Court of...more

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

by Bowditch & Dewey on

Imagine your employee “Bob” has recently missed a lot work for unexplained reasons. Bob’s coworkers notice that he sometimes “nods off” while working, and his supervisor just reported to you that Bob became enraged while...more

Legalized Recreational Marijuana in Alberta - Is Your Workplace Prepared?

by Field Law on

On April 13, 2017, the federal government tabled two new cannabis-related bills before Parliament, Bill C-45: An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts...more

Private Hospital Collaborating with State College Not “State Actor” for Section 1983 Purposes When Dismissing Trainee

by Holland & Knight LLP on

Private hospitals commonly associate with public entities in running a variety of programs. These collaborations raise the question in civil rights litigation of whether and when the private hospital is a state actor. Under...more

The case for capacity: Supreme Court of Canada upholds employee’s termination based on breach of “no free accident rule” in...

by DLA Piper on

Managing employee drug and alcohol addictions has long been a thorny issue for employers. Because addiction is accepted as a mental disability, it is a delicate balancing act to ensure employee privacy and human rights are...more

Striking the Right Balance in Workplace Behavior and Privacy

by Burr & Forman on

Employers often struggle with the balance between effective employee management and oversight and respect for employee privacy in the workplace. Striking the right balance is a difficult task for employers seeking to uphold...more

What Evidence is Required to Implement Random Drug and Alcohol Testing Policies in Safety Sensitive Workplaces?

by Field Law on

On September 28, 2017, the Alberta Court of Appeal issued its decision on Suncor Energy Inc v Unifor Local 707A, which considered the degree of evidence required to justify a random alcohol and drug testing policy. By way of...more

Department of Labor Rule Rescissions Are on the Rise

by Baker Donelson on

The Department of Labor (DOL) has recently issued a number of proposed rulemakings, which serve the sole purpose of rescinding prior rules or regulations. After the delayed appointment of a Secretary of Labor, it appears the...more

Legal Update: Trump’s One-offs to Labor Regulations Change the Big Picture

by Kelley Drye & Warren LLP on

When Trump was a brand-new President (or force of nature, depending on how you look at it), we observed that the dawn of his administration would not necessarily augur wholesale changes to the overall landscape of legal...more

Quest Diagnostics Report Reveals That Prescription Drug Misuse Remains Widespread

by Jackson Lewis P.C. on

A new Quest Diagnostics report released on September 6, 2017 reveals that over 50% of drug test results showed evidence of misuse of prescription drugs. The report, entitled “Prescription Drug Misuse in America: Diagnostic...more

Connecticut Court’s First Decision on Medical Marijuana Use Discrimination Is a Buzzkill for Employers

Connecticut law allows the use of marijuana by qualified patients for medicinal purposes and expressly prohibits employers from taking adverse employment actions because of an individual’s status as a qualified medical...more

CT Medical Marijuana Law Protects Employees; Not Preempted By Federal Drug Laws

by Shipman & Goodwin LLP on

Labor Day has come and gone. Summer is over. Can we all stop listening to Despacito now. (Please?) But it’s time to look at a decision that came out during the dog days of summer that might have been overlooked. A recent...more

Ohio Makes Significant Changes To Workers' Compensation Laws

by Roetzel & Andress on

Ohio Governor John Kasich recently signed House Bill 27 into law, starting the clock running on several significant changes to Ohio’s Workers’ Compensation statutes. The amendments are effective September 29, 2017....more

The Department of Health and Human Services Revises Drug Testing Custody and Control Form

by FordHarrison on

On August 8, 2017, the Department of Health and Human Services (HHS) announced that the Office of Management and Budget approved its revised Federal Drug Testing Custody and Control Form (CCF). However, Department of...more

Drug Testing and OSHA Retaliation – Can We Test or Not?

by Baker Donelson on

As many employers know, OSHA published a Final Rule on May 12, 2016 that amended the Code of Federal Regulations to add additional provisions regarding proper reporting and retaliation for workplace reporting. OSHA took the...more

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