Transcript Presentation

1
The Decline and Fall
of the Drug Free Workplace
Joseph D. Tessitore, Esquire
Bell & Roper, P.A.
2707 E. Jefferson Street
Orlando, Florida 32803
(407) 897-5150
[email protected]
Bellroperlaw.com
10/24/14
Issues To Be Addressed
2
Public vs. Private Employer
3
Fourth Amendment
4
5
6
7
8
.
9
10
11
12
13
Reasonable Suspicion Testing
14
Reasonable Suspicion Testing
(cont’d)
15
Reasonable Suspicion Testing
(cont’d)
16
Reasonable Suspicion Testing
(cont’d)
17
Reasonable Suspicion Testing
(cont’d)
18
Reasonable Suspicion Testing
(cont’d)
19
Drug Testing of Job Applicants
Voss
20
Drug Testing of Job Applicants
Voss (cont’d)
21
Drug Testing of Job Applicants
Voss (cont’d)
22
Random or Routine Testing of
Safety Sensitive Employees
23
Question: What Is A SafetySensitive Position?
24
Question: What Is A SafetySensitive Position? (cont’d)
25
Question: What Is A SafetySensitive Position? (cont’d)
26
Employee Who Operates Motor
Vehicle For Work
27
Employee Who Operates Motor
Vehicle For Work (cont’d)
28
To Determine If Position Is
Safety Sensitive, Courts Will
Look At
29
To Determine Safety Sensitive,
Courts Will Look At (cont’d)
30
Post-Accident
31
32
Post-Accident (cont’d)
Type of Accident Involved
i.
Human Fatality
ii. Bodily injury with immediate
medical treatment away from
the scene
iii. Disabling damage to any motor
vehicle requiring tow away
Citation Issued
to the CMV
Driver
Yes
No
Yes
Test Must Be
Performed By
Employer
Yes
Yes
Yes
No
No
Yes
Yes
No
No
1. Alcohol test required if citation received within 8 hours of
incident;
2. Controlled substance test required if citation received within
32 hours of incident
Post Accident Testing for NonRegulated Employees
33
Post Accident Testing for NonRegulated Employees (cont’d)
34
Cases
35
Cases (cont’d)
36
Cases (cont’d)
37
Post Accident Summary
38
Consent
39
Conclusion
40