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The U.S. Department of Transportation’s Federal Railroad Administration (FRA) recently announced a final rule expanding drug and alcohol testing applicable to maintenance-of-way (MOW) employees, effective one year from the date of the rule’s publication (which has yet…
As of May 2016, 25 states plus the District of Columbia allow the medicinal use of marijuana by patients suffering from certain debilitating medical conditions. With perhaps 70-80% of marijuana patients between the ages of 18 and 60, there may be upwards of one…
OSHA’s final electronic recordkeeping rule, “Improve Tracking of Workplace Injuries and Illnesses,” was published in the Federal Register. The OSHA rule has no impact on post-accident testing mandated by federal regulations or permitted by state workers’ compensation…
Pennsylvania’s Medical Marijuana Act (Act), effective May 17, 2016, makes the use, possession and distribution of marijuana lawful in the Commonwealth of Pennsylvania, provided the individual using, possessing and/or distributing the marijuana is authorized by the Act…
All over the country, employers say they see a disturbing downside of tighter labor markets as they try to rebuild from the worst recession since the Depression: They are struggling to find workers who can pass a pre-employment drug test.That hurdle partly stems from…
A federal court in Pennsylvania has allowed an employee to proceed with a wrongful discharge/invasion of privacy claim related to her discharge after a positive drug test result.Plaintiff, a 58-year old school bus driver, was terminated after taking a random drug test…
A federal appeals court has held that the Minnesota drug testing statute applies to an applicant tested in Minnesota, even though the applicant was being hired for a job in another state. Push, Inc., a Wisconsin corporation, hired Olson, a Minnesota resident, for a…
The Rhode Island Supreme Court has held that a three-year statute of limitations applies to claims alleging violations of the employer drug testing statute in that state. Rhode Island’s employer drug testing statute provides employees with a right to be free from drug…
The Drug Enforcement Administration (DEA) said it will decide in the first half of 2016 whether marijuana should be reclassified under federal law. The agency gave no indication what its decision will be. There are five categories, or schedules, for drugs in the U.S….
The Montana Supreme Court has upheld against a state constitutional challenge the State’s 2011 Montana Marijuana Act, a new statutory framework embodying the State’s effort to limit abuses resulting from the 2004 Medical Marijuana Act, which was established by voter…