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U.S. Department of Transportation Adopts Oral Fluid Testing for Regulated Drug and Alcohol Programs

The U.S. Department of Transportation (DOT) has published regulations overhauling and expanding its regulated employee testing program to include oral fluids drug tests.  The new regulations, which update 49 C.F.R. Part 40...more

DOT Guidance on Drug/Alcohol Testing During Pandemic is Not What Regulated Transportation Employers Had Hoped For

On March 23, 2020, the U.S. Department of Transportation issued Guidance on compliance with DOT drug/alcohol testing regulations for employers concerned about their ability to meet regulatory testing requirements during the...more

FMCSA Expands Emergency COVID-19 Relief Efforts Declaration

On March 18, 2020, the U.S. Department of Transportation’s Federal Motor Carrier and Safety Administration (FMCSA) issued an Expanded Emergency Declaration broadening federal exemptions from compliance with certain driver...more

DOT-FMCSA Issues Federal Emergency Declaration Establishing Limited Reprieve from Driver Safety Regulations for COVID-10 Relief...

On March 13, 2020, the Federal Motor Carrier and Safety Administration (FMCSA) of the United States Department of Transportation (DOT) announced and issued a national emergency declaration (Emergency Declaration) establishing...more

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

In 2012, Congress passed and President Obama signed the “Moving Ahead for Progress in the 21st Century Act,” a transportation reauthorization bill referred to as “MAP-21.”...more

Eighth Circuit Upholds Trucking Company's Sleep Study Requirement Based on Driver BMI

On October 12, 2016, the U.S. Court of Appeals for the Eighth Circuit found in favor of a large transportation employer’s driver sleep study testing requirement in a lawsuit challenging the practice under the Americans with...more

Minnesota Medical Marijuana Law Will Cloud Employer Drug-Free Workplace Efforts

On May 29, 2014, Minnesota Governor Mark Dayton signed into law legislation making Minnesota the 23rd jurisdiction to adopt a law authorizing the use of medical marijuana. The new Minnesota medical marijuana law (MML)...more

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