By Jennifer L. Mora

Seyfarth Synopsis: As we reported here, the CBD (cannabidiol) craze is sweeping the nation. By 2022, it is expected to be a $22 billion per year industry. That said, if a CBD product has a concentration of more than 0.3% of tetrahydrocannabinol (THC), an amount generally viewed to be sufficient to produce a psychoactive
Continue Reading Department of Transportation Cautions Employers About CBD Use By Regulated Workers

By Brent I. ClarkJames L. CurtisAdam R. Young, and Craig B. Simonsen

Seyfarth Synopsis:  The Federal Motor Carrier Safety Administration (FMCSA) recently rolled out Our Roads, Our Safety, a national safety campaign to raise awareness about sharing the road safely with large trucks and buses. 

The Agency noted that “trucks and buses are
Continue Reading U.S. DOT FMCSA Update on Distracted Driving

By Brent I. ClarkJames L. CurtisAdam R. Young, and Craig B. Simonsen

Seyfarth Synopsis: Last month at the 2018 National Safety Council (NSC) Congress the speakers noted that “safety programs shouldn’t end when employees walk out the door and get into a vehicle to drive.”  The session was presented by Karen Puckett, the Director
Continue Reading National Safety Council Congress Session on Driving Safety – The Missing Link in Your Company Safety and Health Management Systems

By Mark A. Lies, II,  Brent I. ClarkAdam R. Young, and Craig B. Simonsen

Seyfarth Synopsis: OSHA has just issued a Standard Interpretation clarifying the Obama-era guidance that prohibited incentive programs and circumscribed post-incident drug testing; “Clarification of OSHA’s Position on Workplace Safety Incentive Programs and Post-Incident Drug Testing Under 29 C.F.R. §1904.35(b)(1)(iv).”

We previously 
Continue Reading OSHA Clarifies Position on Lawful Post-Incident Drug Testing and Reverses Course on Safety Incentive Programs

By Brent I. Clark, Erin Dougherty Foley, and Craig B. Simonsen

Seyfarth Synopsis: DOT has withdrawn its rulemaking on safety sensitive positions in highway and rail transportation.

This week the U.S. Department of Transportation has withdrawn its March 10, 2016 Advance Notice of Proposed Rulemaking (ANPR) on the Evaluation of Safety Sensitive Personnel for Moderate-to-Severe Obstructive Sleep
Continue Reading DOT Backs Away From Rulemaking on “Safety Sensitive Positions” in Highway and Rail Transportation

By Paul Galligan and Samuel Sverdlov

Synopsis:  The Seventh Circuit affirmed a summary judgment decision in favor of the employer on the plaintiff’s race discrimination and civil conspiracy claims where the employer did not hire the plaintiff after the plaintiff tested positive for marijuana at orientation.

Last month, in Turner v. Hirschbach Motor Lines, the Seventh Circuit affirmed the
Continue Reading Seventh Circuit Blazes Truck Driver’s Failure to Hire Claims

By Brent I. Clark, Kay R. Bonza, and Craig B. Simonsen

Seyfarth Synopsis: Recently decided court case finds that motor vehicle carriers may lawfully require overweight drivers to submit to a medical examination testing for obstructive sleep apnea.

We had previously blogged about the U.S. Department of Transportation’s Advance Notice of Proposed Rulemaking on the “Evaluation of
Continue Reading Asleep at the Wheel: Trucking Company’s Sleep Apnea Policy and Procedures Reviewed by Federal Courts

By Erin Dougherty Foley, Brent I. Clark, Ilana R. Morady and Craig B. Simonsen

The U.S. Department of Transportation has published an Advance Notice of Proposed Rulemaking (ANPR) on the Evaluation of Safety Sensitive Personnel for Moderate-to-Severe Obstructive Sleep Apnea, 47 Fed. Reg. 12642 (March 10, 2016).

The ANPR is directed at individuals occupying “safety sensitive positions” in
Continue Reading DOT Proposes Rulemaking on “Safety Sensitive Positions” in Highway and Rail Transportation

By Brent I. ClarkErin Dougherty Foley, and Craig B. Simonsen

By Proclamation, President Obama has declared December 2015, to be “National Impaired Driving Prevention Month.” 80 Fed. Reg. 75781 (December 3, 2015).

The President declares that “no person should suffer the tragedy of losing someone as a result of drunk, drugged, or distracted driving….” He notes that
Continue Reading President Declares “National Impaired Driving Prevention Month”