Retail Workers Tested Positive for Drugs at the Highest Rate Last Year, Quest Study Shows

JANUARY I NATIONAL: Data released by Quest Diagnostics shows that those in the retail industry had the highest positivity rate for illicit drugs, with transportation and warehousing not far behind.

Drug Testing Florida School District Job Applicants is Tricky Business. Finally, Some Judicial Guidance

JANUARY I FLORIDA: School districts in Palm Beach County School District are no longer able to justify blanket drug testing, but, instead, must connect specific job duties with a safety risk from drug use.

Fake Urine and Drug Test Abuse

JANUARY I NATIONAL: The use of fake urine is posing a new threat to drug testing and is readily available at “head shops”, truck stops, on the Internet and at other retailers.

South Carolina Supreme Court Opens Door to Holding Drug-Testing Companies Liable for Negligence

MARCH I SOUTH CAROLINA: The South Carolina Supreme Court held that drug testing companies conducting tests on South Carolina employees owe a duty of care to those employees.

Why Simpler and Less Intrusive Drug Testing Should be Part of Your Workplace Policies

MARCH I UNITED KINGDOM: In response to the frustration surrounding implementing drug and alcohol policies in the workplace, the Information Commissioner’s Office has suggested using “the least intrusive forms of testing practicable.”

Is Walmart Blacklisting Doctors?

APRIL I ARIZONA: Some are questioning whether Walmart is blacklisting medical professionals for filling too many prescriptions for pain killers.

New Survey Reports Two-Thirds of Businesses See Applicants Fail Drug Tests

MAY I NATIONAL: A survey conducted by Express has revealed that 65 percent of businesses say they have job applicants who can’t pass a drug test, stressing the importance of impairment recognition.

What is CBD Oil and Why Should Employers Care to Know?

JUNE I NATIONAL: With business booming for cannabidiol (CBD) products, employers should learn the basics of the oil to determine whether they must accompany its use for medicinal purposes.

FMCSA Commercial Driver’s License (CDL) Drug and Alcohol Violations Clearinghouse

JUNE I NATIONAL: Effective Jan. 6, 2020, employers and state licensing agencies are required to query the Commercial Driver’s License (CDL) Drug and Alcohol Clearinghouse, which identifies those with drug and alcohol violations.

The Stoned Age: What the CBD Craze Means for Employers and Their Substance Abuse Policies

JUNE I NATIONAL: Employers are encouraged to revise existing policies to address the use of cannabis that includes CBD and less than .1 percent of tetrahydrocannabinois, now considered a Schedule V drug.

Court Dismisses ADA Claims Alleging ‘Excessive’ Drug and Alcohol Testing

JUNE I NEW YORK: A disability discrimination claim was dismissed by a federal court due to the employees failing to state a claim because they were not subjected to an adverse employment action.

EEOC Sues Rogers Behavioral Health for Disability Discrimination

JUNE I WISCONSIN: The Equal Employment Opportunity Commission is seeking full relief to correct the practices of Rogers Behavioral Health, which allegedly violated federal law when it rescinded an applicant’s job offer because she tested positive for a prescribed medication.

Trucking Alliance: Driver Drug Use a Top Trucking Safety Issue

JULY I NATIONAL: A Trucking Alliance study is urging Congress to ask the Department of Health and Human Services to complete hair test guidelines for pre-employment and random drug test protocols.

The Substance Abuse Professional (SAP) – The Forgotten Role

JULY I NATIONAL: As part of the DOT’s regulated program, a Substance Abuse Professional (SAP) can help assess and recommend treatment for those who test positive for drugs and/or alcohol.

DOT vs. Non-DOT Drug and Alcohol Policies

JULY I NATIONAL: It is an employer’s responsibility to understand the difference between Department of Transportation (DOT) and non-DOT testing requirements to ensure compliancy with laws and regulations.

Nadler, Harris to Introduce Bill Decriminalizing Pot, Expunge Marijuana Convictions

JULY I NATIONAL: The Marijuana Opportunity Reinvestment and Expungement Act would remove marijuana from the Controlled Substances Act, decriminalizing it and allowing states to write their own policies.

Pennsylvania Now Permits Medical Marijuana Use for Anxiety and Tourette Syndrome

AUGUST I PENNSYLVANIA: Pennsylvania’s list of “serious medical conditions” under the Pennsylvania Medical Marijuana Act now includes anxiety and Tourette Syndrome.

Oncor to Pay $50,000 to Settle EEOC Disability Discrimination Suit

SEPTEMBER I TEXAS: Oncor Electric Delivery Company, LLC, has been ordered to pay $50,000 and furnish other relief to settle a disability discrimination lawsuit filed by the EEOC.

Workforce Drug Positivity Increases in More Than One-Third of U.S. Industry Sectors Examined, According to Quest Diagnostics Multi-Year Analysis

SEPTEMBER I NATIONAL: Quest Diagnostics Drug Testing has revealed that there have been year-over-year double-digit increases in workplace drug positivity in six of the 17 sectors reported.

Federal Appeals Court Holds Test for Illegal Drugs is Not An Impermissible Medical Examination, Even If Test May Reveal Lawful Drug Use

OCTOBER I TEXAS: A district court dismissed an Americans with Disabilities Act claim in which an employee was terminated from his position after a positive drug test due to the use of Sudafed.

New Drug Testing Technology Can Identify Synthetic Drugs

OCTOBER I NATIONAL: Synthetic drugs often have strong side effects and aren’t included in standard drug testing, but they can now be detected through the use of new drug testing technology.

Oral Fluid Mandatory Guidelines for Federal Workplace Drug Testing Programs

OCTOBER I NATIONAL: Effective Jan. 1, 2020, federal agencies won’t be able to conduct oral fluid drug testing of federal employees until the Department of Health and Human Services has approved laboratories for oral drug testing.

HHS Issues Guidelines for Oral Fluid Drug Testing

NOVEMBER I NATIONAL: Federal agencies, contractors and industries regulated by the Department of Transportation now has access to an easier, less costly sample collection method – oral drug testing.

Court Upholds Termination of Employee Who Claimed Failed Drug Test Was Due to Over-the-Counter Medications

NOVEMBER I OKLAHOMA: The Tenth Circuit Court of Appeals has affirmed summary judgment in favor of the employer in a case in which the employee was terminated following a positive drug test, which he claims was the result of his use of over-the-counter cold medicine.

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

NOVEMBER I NATIONAL: The Commercial Driver’s License Drug and Alcohol Clearinghouse requires additional reporting and query requirements as a means of identifying and tracking commercial drivers who violate the agency’s drug and alcohol testing program.

FMCSA Drug and Alcohol Clearinghouse Rule Deadline – Employers of DOT Regulated Employees Have you Registered Yet?

DECEMBER I NATIONAL: The Federal Motor Carrier Safety Administration amended its regulations to establish a database that will contain information about violations of DOT/FMCSA drug and alcohol testing programs for holders of CDLs.