By Adam R. Young, Jennifer L. Mora, and Craig B. Simonsen
Seyfarth Synopsis: Across nationwide testing, marijuana positivity rates for 2022 reached 4.3% (up from 2.7% in 2017), with biggest gains found in states that legalized recreational marijuana.
Impairment and related safety hazards have been disrupting the workplace resulting in lost time, absenteeism, safety hazards, and serious industrial
Continue Reading High Times: Marijuana Positivity in Workplace Drug Tests Reaches 25-Year RecordBy: James L. Curtis and Adam R. Young
Seyfarth Synopsis: The National Safety Council released a policy statement endorsing employer zero-tolerance policies for cannabis use for employees who work in safety-sensitive positions, explaining that no level of cannabis is safe.
Unlike a test for Blood Alcohol Content, testing results for Tetrahydrocannabinol (THC) metabolites (the psychoactive components of cannabis)
Continue Reading National Safety Council Endorses Zero Tolerance Prohibition on Cannabis/Marijuana for Safety-Sensitive Employees
By Brent I. Clark, James L. Curtis, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: The Federal Motor Carrier Safety Administration (FMCSA) recently rolled out Our Roads, Our Safety, a national safety campaign to raise awareness about sharing the road safely with large trucks and buses.
The Agency noted that “trucks and buses are
Continue Reading U.S. DOT FMCSA Update on Distracted Driving
By Brent I. Clark, James L. Curtis, Mark A. Lies, II, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: OSHA reminds employers of the hazards of distracted driving.
OSHA has recently released a “Guidelines for Employers to Reduce Motor Vehicle Crashes.” OSHA states that “every 12 minutes someone dies in a motor
Continue Reading OSHA Updates on Distracted Driving in Employment and in the Workplace
By Mark A. Lies, II, Brent I. Clark, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: OSHA has just issued a Standard Interpretation clarifying the Obama-era guidance that prohibited incentive programs and circumscribed post-incident drug testing; “Clarification of OSHA’s Position on Workplace Safety Incentive Programs and Post-Incident Drug Testing Under 29 C.F.R. §1904.35(b)(1)(iv).”
We previously
Continue Reading OSHA Clarifies Position on Lawful Post-Incident Drug Testing and Reverses Course on Safety Incentive Programs
By Frederick T. Smith, Jennifer L. Mora, and Christopher W. Kelleher
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.
The Department of Transportation (DOT) has published its long-awaited final rule amending its drug testing program for DOT-regulated
Continue Reading DOT Amends Employee Drug Testing Requirements
By Brent I. Clark, Erin Dougherty Foley, and Craig B. Simonsen
By Proclamation, President Obama has declared December 2015, to be “National Impaired Driving Prevention Month.” 80 Fed. Reg. 75781 (December 3, 2015).
The President declares that “no person should suffer the tragedy of losing someone as a result of drunk, drugged, or distracted driving….” He notes that
Continue Reading President Declares “National Impaired Driving Prevention Month”