With the growing rate of both prescription and illicit drug use in the workplace, many companies around the country are increasingly turning to mandatory workplace drug testing to maintain workplace safety. However, it is important to remember that there are no federal regulations regulating workplace drug testing for private companies. In fact, many judges in Read more »
Compliance
Post-Accident Drug Testing is Still Alive and Well
There has been a lot of discussion about the U.S. Occupational Safety and Health Administration’s (OSHA) recent changes to its Recording and Reporting Occupational Injuries and Illness regulations, followed by a misinterpretation of the new regulations. Many have mistakenly interpreted it to say that post accident drug testing was no longer permitted, however, nothing could be Read more »
Employers need a written testing plan
§40.311 What actions should be taken if the Substance Abuse Professional’s (SAPs) follow-up testing plan is not written or distributed to employer? The employer should request the written follow-up testing plan from the SAP. Employer does not carry out specifics of follow-up testing plan. The employer must establish a process to ensure the follow-up testing Read more »
Limitations of a TPA when dealing with DOT Follow-Up Testing
Can a TPA provide DOT follow-up testing schedules to an employer? No, as per § 40.355 – What limitations apply to the activities of service agents? Except as provided in paragraph (h) of this section, you must not make decisions to test an employee based upon reasonable suspicion, post-accident, return-to-duty, and follow-up determination criteria. These Read more »
Putting your employee back to work after failing a drug test
§ 40.305 How does the return-to-duty process conclude? (a) As the employer, if you decide that you want to permit the employee to return to the performance of safety-sensitive functions, you must ensure that the employee takes a return-to-duty test. This test cannot occur until after the SAP has determined that the employee has successfully Read more »
What is DOT Drug Testing?
DOT is short for Department Of Transportation. The Omnibus Transportation Employee Testing Act of 1991 is a United States federal law that requires alcohol and drug testing for employees in the trucking, mass transit, pipe lines and railroads. The vast majority of employees who work in the transportation industry are covered by this act. Methamphetamine, Read more »