News & Analysis as of

Trucking Industry Drug Testing

Amundsen Davis LLC

Federal Motor Carrier Safety Administration (FMCSA) Holding CMV Drivers Accountable

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Big changes are in store for commercial driver’s license (CDL) holders who test positive for drugs or alcohol. In October 2021, FMCSA issued a final rule aimed to improve highway safety. Under the rule, CDL holders with drug...more

Littler

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

Littler on

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

Holland & Knight LLP

Trucking Industry Group Seeks to Conduct Drug Screening Utilizing Hair Testing

Holland & Knight LLP on

The Federal Motor Carrier Safety Administration (FMCSA) has requested public comment on an application for exemption submitted by The Trucking Alliance that would allow trucking companies to use hair testing in addition to...more

Cozen O'Connor

Keeping Pace with Truck Driver Drug and Alcohol Testing During COVID-19

Cozen O'Connor on

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced on March 13, 2020, that, due to the COVID-19 outbreak, exemptions for some regulations were warranted for certain motor...more

FordHarrison

FMCSA Temporarily Waives Certain Pre-Employment Substance Abuse Tests for CMV Drivers in Light of COVID-19

FordHarrison on

Executive Summary: On June 5, 2020, the Federal Motor Carrier Safety Administration (FMCSA) granted a waiver (effective from June 5, 2020 to September 30, 2020) from certain pre-employment testing requirements applicable to...more

Jackson Lewis P.C.

FMCSA Extends Waiver Period For Certain Pre-Employment Drug Tests From 30 To 90 Days

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The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (“FMCSA”) announced on June 5, 2020 an extension of the waiver period that is available when a commercial motor vehicle driver has been out...more

Hogan Lovells

COVID-19 and compliance with DOT drug and alcohol testing regulations

Hogan Lovells on

In light of the coronavirus (COVID-19) situation and its effects on the operations of companies and public health facilities, the U.S. Department of Transportation (DOT) has published a guidance document for DOT-regulated...more

Jackson Lewis P.C.

FMCSA Addresses Potential Disruptions To Drug And Alcohol Testing During COVID-19 Crisis

Jackson Lewis P.C. on

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration issued guidance on March 24, 2020 to address potential disruptions to mandated drug and alcohol testing during the COVID-19 crisis. The FMCSA...more

Jackson Lewis P.C.

U.S. DOT Issues Guidance Regarding Drug And Alcohol Testing During COVID-19 Crisis

Jackson Lewis P.C. on

The U.S. Department of Transportation Office of Drug and Alcohol Policy Compliance issued guidance on March 23, 2020 to provide clarity with respect to existing requirements for DOT-mandated drug and alcohol testing during...more

McNees Wallace & Nurick LLC

The ABCs of CBD in the Workplace

Lately, products containing CBD (from beer to skin cream to oils that can be diffused and vaped) seem to be all the rage.  Why are CBD products suddenly turning up everywhere (your local Sheetz convenience store for...more

Poyner Spruill LLP

Department of Transportation Warns About Employee Use of CBD Products

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The use of CBD (Cannabidiol) products has become very popular throughout the country. In addition, the laws relating to use of hemp plant products are rapidly evolving. As a result, the United States Department of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Department of Transportation Issues Notice on Use of CBD Products by Safety-Sensitive Employees

The Department of Transportation’s (DOT) recent notice on the use of cannabidiol (CBD) products serves as a warning to employees in DOT-defined safety-sensitive positions. While the DOT has always had clear regulations...more

McAfee & Taft

New reporting and reviewing requirements in effect for employers with DOT drivers

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Effective January 6, 2020, companies who employ commercial motor vehicle drivers must register with the Federal Motor Carrier Safety Administration’s (FMCSA) national Drug & Alcohol Clearinghouse and comply with new reporting...more

McNees Wallace & Nurick LLC

Compliance Reminder: U.S. Department of Transportation Drug and Alcohol Clearinghouse For Commercial Drivers Takes Effect January...

Employers of drivers who hold commercial driver’s licenses (CDL) have been subject to U.S. Department of Transportation drug and alcohol testing requirements for over twenty-five years....more

Parker Poe Adams & Bernstein LLP

U.S. Transportation Department Drug and Alcohol Database Requirements Begin January 6

Starting January 6, 2020, motor carriers subject to federal drug and alcohol testing regulations must begin using the new FMCSA Drug and Alcohol Clearinghouse. The clearinghouse is a secure federal database that will give...more

Littler

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

Littler on

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

Seyfarth Shaw LLP

CBD Lawsuit Reflects Trucker Termination for THC Tainted Drug Products

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Seyfarth Synopsis: The Western District of New York, in Horn v. Medical Marijuana, Inc., et al., issued an initial procedural order last week in a case where the plaintiff’s purchase and use of the defendant products resulted...more

Parker Poe Adams & Bernstein LLP

Federal Drug and Alcohol Requirements for Commercial Drivers Begin January 6

Beginning January 6, motor carriers using drivers subject to the Federal Motor Carrier Safety Administration’s drug and alcohol rules will be required to submit testing results and other information to a new electronic Drug...more

Benesch

Can Transportation Companies Continue to Provide Safe Drivers With All The New Laws Permitting Marijuana Use?

Benesch on

Pre-employment and post-accident drug testing have been challenged in courts in almost every state where medical marijuana has been legalized. These differing state laws create uncertainty for enforcing a drug-free workplace,...more

Ballard Spahr LLP

Opioid Epidemic Spurs Increase in Drug Testing, Risks for Employers

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The Department of Transportation (DOT) recently added four drugs at the heart of the nation's opioid epidemic to its drug testing panels: hydrocodone, hydromorphone, oxycodone and oxymorphone—the central ingredients in such...more

Littler

DOT Tackles the Opioid Crisis: Agency Issues Guidance on Regulations Adding Semi-Synthetic Opioids to Testing Panel

Littler on

Effective January 1, 2018, employers with employees subject to the U.S. Department of Transportation’s drug-testing regulations will face new and broader testing obligations based on a Final Rule issued in November 2017....more

Holland & Knight LLP

DOT to Test Safety-Sensitive Transportation Workers for Additional Opioids - Employers May Need to Update Drug Testing Policies as...

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Safety-sensitive transportation workers in the aviation, trucking, rail, transit and pipeline industries, as well as certain U.S. Coast Guard employees, are required to submit to random drug testing under federal law....more

FordHarrison

Department of Transportation Adds Four New Drugs to Testing Panel

FordHarrison on

On November 13, 2017, the Department of Transportation (DOT) announced that it is amending its drug-testing program to require testing for synthetic opioids. The new DOT regulations now harmonize with the Department of Health...more

Seyfarth Shaw LLP

DOT Amends Employee Drug Testing Requirements

Seyfarth Shaw LLP on

Seyfarth Synopsis: On November 13, 2017, the Department of Transportation amended its drug testing program regulation which, among other things, adds certain semi-synthetic opioids to its drug testing panel. ...more

Seyfarth Shaw LLP

Seventh Circuit Blazes Truck Driver’s Failure to Hire Claims

Seyfarth Shaw LLP on

Synopsis: The Seventh Circuit affirmed a summary judgment decision in favor of the employer on the plaintiff’s race discrimination and civil conspiracy claims where the employer did not hire the plaintiff after the plaintiff...more

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