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DOL DOT
October 7, 2021 4 min read

AFGE v. Martin: Setting the Bounds of Reasonable Suspicion Testing for Suspected Off-Duty Conduct

Executive Order 12564, issued in September 1986, required a drug-free workplace for federal employees. In response, the Department of Labor created a plan distinguishing between roles related to public health, safety, or national security ("TDP") and others. While drug tests based on reasonable suspicion were allowed for TDP employees, the American Federation of Government Employees (AFGE) filed a suit arguing it violated the Fourth Amendment. The court of appeals ruled that due to the nature of TDP roles, such drug testing is constitutional when based on credible evidence and relevant training for supervisors.

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DOL DOT
October 7, 2021 4 min read

Stueart's Stand against Arkansas State Police: The Impact of Flawed Drug Testing Training

In Stueart v. Arkansas State Police Commission, police officer Thomas B. Stueart was fired after a positive THC drug test. However, procedural errors were made during his urine sample collection, including missing his signature on a custody form and neglecting mandatory review by a Medical Review Officer. The court determined the Arkansas State Police Commission didn't follow its procedures, depriving Stueart of due process rights. This emphasizes the importance of training and compliance in testing procedures.

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DOL DOT
October 7, 2021 6 min read

Reasonable Suspicion Drug Testing After Workplace Accidents in Florida

In the early 1900s, the U.S. introduced workers’ compensation laws. Employers can implement a drug-free workplace program, which might deny workers’ compensation if an employee tests positive for drugs post-accident. In Brinson v. Hospital Housekeeping Services LLC, Brinson's compensation claim was denied after she tested positive for marijuana post-injury. Florida law presumes an injury on the job is caused by drug use, and the employee must prove otherwise.

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DOL DOT
October 7, 2021 5 min read

Testing the Waters of Constitutional Privacy: When an Employer Requires a Drug Test on the Day of an Employment Offer

In the case of Vargo v. National Exchange Carriers Association, Inc., a New Jersey court ruled that requiring a drug test on the same day as a job offer is not a violation of privacy rights, especially when the employer has a drug-testing policy in place and the prospective employee signs a waiver. The court found no constitutional violation and upheld the employer's actions. This case underscores the importance of understanding an employer's drug testing policies and the implications for job applicants.

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DOL DOT
September 7, 2020 4 min read

Recreational Marijuana and Decriminalization Confuses Pre-Employment Drug Screening

Marijuana law changes raise questions about pre-employment drug testing. Advocates cite privacy, employers prioritize safety. Laws vary by state, some mandate testing for specific roles. Negative tests show current drug absence, but positives don't predict future use. Employers see testing as crucial for safety-sensitive jobs. Staying updated on laws is vital for businesses.

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Non-DOT Reasonable Suspicion Training for Supervisors

Non-DOT Reasonable Suspicion Training is an online course of approximately 2 hours for supervisors in non-regulated workplaces. Focuses on identifying signs of drug/alcohol abuse, understanding the impact, and procedural responsibilities, and covers state-specific issues. Certificate issued after passing the final exam.

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