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Employee termination upheld due to failure to comply with employer’s prescription medication policy

A federal court in Utah upheld the termination of an employee who did not disclose his use of prescription medication in accordance with his employer’s policy.  Angel v. Lisbon Valley Mining Co., Case No. 2:14-CV-00733 (D. Utah Nov. 23, 2015). Angel was employed as a haul truck driver at Lisbon Valley Mining Co., a copper mine. When he interviewed for the job, he was given a copy of the company’s prescription drug policy which he read and signed. The policy provided that employees taking prescription drugs that may impair their ability to safely perform their jobs must inform human resources of the use of such medications, and obtain a release from the company’s occupational physician authorizing the employee to work and specifying any work restrictions before the employee may return to work. The policy further provided that an employee’s failure to disclose that the employee is taking such prescription medications could result...
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What CDL Drivers Need to Know

usdotOverview of Drug and Alcohol Rules The United States Congress recognized the need for a drug and alcohol free transportation industry, and in 1991 passed the Omnibus Transportation Employee Testing Act, requiring DOT agencies to implement drug and alcohol testing of safety-sensitive transportation employees. 49 CFR Part 40, or Part 40 as we call it, is a DOT-wide regulation that states how to conduct testing and how to return employees to safety-sensitive duties after they violate a DOT drug and alcohol regulation. Part 40 applies to all DOT-required testing, regardless of mode of transportation. For example, whether you are an airline employee covered by FAA rules or a trucking company driver covered by FMCSA rules, Part 40 procedures for collecting and testing specimens and reporting of test results apply to you. Each DOT Agency-specific regulation spells out who is subject to testing, whenand in what situations for a particular transportation industry. Since the early 1990s, the Federal Motor Carrier Safety Administration...
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ER Visits for Synthetic Marijuana Rising

There were 11,406 emergency room visits associated with synthetic marijuana in 2010—75 percent were among the ages of 12-29. Synthetic marijuana currently holds second place in teenage popularity behind marijuana. Researchers claim the allure is the ill-perceived safety and legality of synthetic marijuana as compared to other drugs, the National Institute on Drug Abuse said in 2013. Soon after the 2011 FDA ban of synthetic pot, a DEA Administrator Michele Leonhart told Gothamist that "young people are being harmed when they smoke these dangerous ‘fake pot’ products and wrongly equate the products’ ‘legal’ retail availability with being ‘safe.'" A Think Progress report explains that the use of synthetic marijuana decreased after 2011 in response to health officials warning consumers. Despite of the notice, the drug maintained its relevance amongst young adults, with one in 20 high school students using the drug in 2014, one in 30 during 2013. Males make up...
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Synthetic Marijuana Emergencies Quadruple from 2014

Health officials are brainstorming ideas of how to combat the nationwide outpouring of hospital visits for synthetic marijuana. During April alone, there were more than 1,000 illnesses from this substance, which is double the amount from January and March, the American Association of Poison Control Centers reported. This year’s statistics have quadrupled in comparison to 2014. Recently, as hospital admissions have increased, Alabama, Mississippi and New York health departments have delivered warnings about the usage of synthetic marijuana. Arizona, Florida, New Jersey and Texas followed suit by reporting similar cases to the public. Mississippi health professionals informed their state about more than 400 hospital room visits during April. More than 120 emergency visits associated with synthetic marijuana took place between April 8 and April 15 in New York. Common effects of this drug are "psychotic episodes, seizures, severe anxiety, muscle spasms, and suicidal thoughts," according to Think Progress. Common names for...
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DATCS Compliance Receives Certification

drug and alcohol testing texasCongratulations to Brandi Jordon, compliance representative, for receiving her certification as a C-DAPA-MC (Certified Drug & Alcohol Program Administrator – Motor Carrier). The C-DAPA-MC is a national certification program for individuals who manage drug & alcohol programs for the motor carrier industry. Our compliance department is dedicated to assist employers with their FMCSA drug and alcohol programs.   Have questions or need guidance with your FMCSA drug and alcohol program? Contact us at 1-888-201-0242.
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