The Department of Transportation’s Drug and Alcohol Testing Regulation – 49 CFR Part 40, at 40.151(e) – does not authorize the use of Schedule I drugs, including marijuana, for any reason. State initiatives have no bearing on the Department of Transportation’s regulated drug testing program.
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 in...
When employers hire workers that are smokers, the insurance costs are higher. At DATCS, we can test your prospective employees for NICOTINE. A simple urine drug screen can tell you if you are hiring someone who uses tobacco in any form. If you have a policy to hire only those who do not use tobacco products and the prospective new hire has told you they do not use, then a simple test will make a big difference in your insurance costs. It is as simple as that.
Overview of Drug and Alcohol RulesThe 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 (FMCSA) and...