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How to comply with DOT’s new workplace drug-testing regulations

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in FMLA Guidelines,Hiring,Human Resources

THE LAW: The Omnibus Transportation Employee Testing Act of 1991 requires employers to randomly administer drug tests to workers in certain safety-sensitive positions. The Drug-Free Workplace Act of 1988 allows states to offer lower workers’ comp premiums to employers that meet drug-testing requirements.

The ADA generally bars employers from performing medical tests on employees or applicants, with a few key exceptions. Employers may test applicants after a conditional employment offer has been made, if they can show the tests are “job related and of business necessity.”

The ADA doesn’t protect employees currently using illegal drugs, but does cover those in drug rehabilitation. Similarly, the FMLA protects employees who undergo drug rehabilitation.

Employers may test those employees when they return to work to ensure they’re drug-free. Employees with a history of drug use may be subjected to more frequent drug screenings. E...(register to read more)

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