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Judge's State Law Summaries for Workplace Drug Testing offers comprehensive information about compliance with state lab laws, on-site testing laws, and other workplace drug testing laws in all 50 states. It helps you avoid costly lawsuits as well as civil and criminal penalties. Don't risk improper, unnecessary, or illegal testing. Protect yourself against workers' compensation claims. Understand how to take advantage of potential workers' compensation discounts. Judge's State Law Summaries for Workplace Drug Testing is written in simple, plain English that any layperson can understand.

The rules that apply to each state and the definition of specific terms Brief Drug Test Summaries organized by state Mandatory Testing Laws and court cases DOT 49 CFR Part 40 Rules An online Community Forum: ask questions and share experiences

24/7 access to Judge's State Law Issues At-A-Glance Instant access to numerous updates on case and statutory law. Email alerts on important changes inall states.

Connecticut 1994 Home Depot lost a case when it failed to follow state law and conducted a post-accident test without reasonable suspicion (Doyon v. Home Depot U. S. A., Inc. 850 F. Supp.125). Connecticut law (sec. 31-51x) permits workplace drug tests only when there is reasonable suspicion that the employee is under the influence. Home Depot's policy required a test automatically when an accident occurred.		Missouri 2006 Wal-Mart lost a case when its policy failed to include a phrase required by state law. (Gaylord v. Wal-Mart Associates, Inc. and Division of Employment Security, WD 65939 (Ct. App. Mo. 2006)). A fired employee received unemployment benefits when there was no evidence that the Wal-Mart policy warned the employee that "a positive drug test result shall be deemed misconduct and may result in suspension or termination of employment." (Sec. 288.045(3)).
Iowa 2005 A supervisor was found jointly liable for violating state law when he required an applicant for employment to pay for a required drug test. State law (Sec. 730.5(6) (b)) requires that employers pay for all required tests, including all pre-employment tests. This failure to follow state law in this case cost the supervisor $68,000 for a $50 drug test. (Tow v. Truck Country of Iowa, Inc. and William Roth, Iowa Sup. Ct. 2005((695 N.W.2d 36)).		Vermont 2000 An employer medical facility agreed to reimburse the State $8,000 for its investigation costs after being accused for numerous violation of the states drug testing law. The state's Attorney General stated: "We encourage employers to fully understand the laws before requiring drug testing."

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To:	Center for Drug Test Information Subscriber
From:	Center for Drug Test Information
Subject:	Deliberate Disregard for Law Costs Employer
	On November 5th, 2008 a federal district court judge in Minnesota found that ING Direct wrongfully terminated an employee and allowed the fired employee to amend his complaint to ask for punitive damages. The court, clearly showing frustration with ING Direct said "there is no evidence in the record that any of those who were actually or potentially involved in deciding to fire (this employee) gave a moment's thought to state law, despite the fact that ING's employee manual contains a section on state law". The court concluded that "ING acted with deliberate disregard for the rights of the employee and the employee is therefore entitled to add a claim for punitive damages...." The worker was fired while in treatment after his first positive drug test. The applicable Minnesota law requires employers to allow employees an opportunity to attend counseling/ treatment after the first positive test. A trial on the amount to be paid in punitative damages is set for February 2009.

Penalties for violating drug testing laws include the possibility of jail time. A positive test - or refusal to test - may result in denial of a workers' comp claim. Workers. comp discounts are offered for establishing a drugfree workplace program. Applications are required for employers to take advantage of certain workers. comp benefits. A donor may have up to 180 days to request a retest. Employers must post their policy/changes. Employees may not conduct a test for probable cause.

Drug testing laws and cases in all 50 states are changing fast; so are the costly penalties. Now Attorney Bill Judge does the research for you.

William J. Judge, J.D., LLM

Bill Judge is an attorney who, for the past 24 years has concentrated his practice on research, consultation, litigation assistance and management training related to the legal issues of substance abuse in the workplace and in our nation's schools.

Important issues are covered in these articles: State Alcohol Testing State Law Classifications State Limits/Requires Random Testing State Limits Discipline States That Define Specimen/Samples State Hair Testing States That Define Safety-Sensitive Positions Employer Immunity For Disclosure States That Define Post-Accident and/or Post-Injury That Permit/Prohibit On-Site Collection & Instant Testing What To Do With Negative/Diluted Samples (DOT vs HHS) States That Require Drug/Alcohol Testing per Federal Regulations (DOT vs HHS) Sample Alteration Defraud Adult Crime State Split Sample Collection Required State School Bus Laws State Written Notice Requirements State Mandatory Laws & Bargaining Agreements State MRO Issues State Reporting and Required Testing State and Municipal Medical Marijuana Laws 877.423.8422 centerfordrugtestinformation@yahoo.com

These articles have just been posted: Criminal / Civil Sanctions for Violating Testing Rules Presumptive Intoxication/Denial of Workers Compensation Workers Compensation Incentive Programs Workers Compensation Premium Discounts Split/Retest Request Times Requires Posting of Policy/Changes Permits Instant Testing Requires the use of FDA-Approved Test Devices Supervisory Training & Employee Awareness Specific Times to Contact MRO

Check back soon to find these articles: Specifically permits saliva testing Requires opportunity for donor to provide info to explain result Provides specific time for donor to request a split-retest Limits when testing can occur Prohibits post-accident testing Has specific post-accident time limits Limits testing to performance Requires proof of "under the influence"/impaired Requires public works/state construction contractors to test Provides that donor is not handicapped and there is no MD-patient relationship

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