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How Many Trained Supervisors Does it Take to Order a DOT Reasonable Suspicion Drug Test?
Is it necessary to have two supervisors observe the impaired conduct of your employees to establish enough reasonable suspicion to have them tested for drugs or alcohol? Does split specimen testing apply to breath tests? These are questions the U.S. Court of Appeals had to consider in International Brotherhood of Teamsters (“IBT”) v. Federal Highway
Williams v. UPS, a Folly of Preemption in Reasonable Suspicion Testing
Do state drug testing regulations contradict federal regulations when it comes to reasonable suspicion drug tests? Be sure to look at exception clauses in the law. In the early 1980’s, fast and inexpensive urinalyses to detect drug use incentivized companies to drug test their employees. In 1988 the Department of Transportation (DOT) issued regulations which
Lessons on Reasonable Suspicion from Burnley and Skinner
Determining what is “reasonable” in establishing “reasonable suspicion” can be very difficult to pin-point. In Railway Labor Executives’ Association v. Burnley, after a two-year rulemaking process, the Federal Railroad Administration (FRA) created new regulations mandating blood, urine, and breath tests of railway employees after certain train accidents, rule violations, and fatal incidents. The FRA felt
Establishing Reasonable Suspicion: Are Anonymous Tips Enough?
The Fourth Amendment – a right recognized in the United States Constitution which allows the American people to be “secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” As companies have grown over the years, so has the need to drug screen those employees. Prior to drug testing any public employees based
Andrew David Easler Awarded Arcadier, Biggie & Wood Law Firm’s $1,000 Scholarship
Andrew David Easler, a local resident of Melbourne, Florida has been named the recipient of the $1,000 scholarship offered by the ABW Law firm from among over fifty applicants nationwide. Maurice Arcadier, Partner of Arcadier, Biggie & Wood says, “We are proud to see the emergence of high-quality law students who are devoted to the furtherance of
Mandatory Guidelines for Federal Workplace Drug Testing Programs – Oral/Fluid
Effective January 1, 2020, The Department of Health and Human Services (“HHS” or “Department”) has established scientific and technical guidelines for the inclusion of oral fluid specimens in the Mandatory Guidelines for Federal Workplace Drug Testing Programs (Guidelines). The Mandatory Guidelines for Federal Workplace Drug Testing Programs using Oral Fluid (OFMG) will allow federal executive
Are Toilet “Hats” Mandatory for DOT Urine Specimen Collections?
Toilet “hats” are collection devices which aid the donor in providing a urine specimen for testing. They fit on the rim of the toilet and most provide pre-printed measuring lines to aid the donor in determining whether she has provided a sufficient specimen for testing. Individuals with limited range of motion and those who are
DrugTestingCourses.com to Debut EaslerLMS E-Commerce Platform for the Drug & Alcohol Testing Industry at the 2019 SAPAA Annual Conference in Philadelphia
DrugTestingCourses.com, the leader in drug and alcohol testing training and education announced today that it will debut its new online platform at the 2019 Annual SAPAA (Substance Abuse Program Administrators Association) Conference taking place from September 16-19, 2019 at the DoubleTree by Hilton Hotel Philadelphia Center City, 237 S. Broad St., Philadelphia, PA 19107. The
LIKE NAILING JELL-O TO A WALL: WHY WORKPLACE MARIJUANA POLICY IS SO DIFFICULT TO NAIL DOWN
There is a great deal of confusion across the country in both the private and public sector as the legislatures and courts figure out the best way to handle the call for the legalization of marijuana. Some companies are removing marijuana and its metabolites from their policy altogether, some companies are switching modalities (from urine
Un-Reasonable Suspicion: A Cautionary Tale for Program Administrators
Workplace disagreements are common. What is important is that employers establish clear and reasonable protocol and ensure that appropriate training and controls are implemented to prevent a monumental escalation like that involved in the federal case Hudson v. City of Riviera Beach. In the case, the multi-media specialist for the City of Riviera Beach and