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However, the United States Supreme Court ruled in Skinner that random drug testing is permissible for employees in safety sensitive positions. Justice Kennedy, speaking for the majority, wrote: [T]he Government interest in testing without a showing of individualized suspicion is compelling.
The Department of Transportation (DOT) has also stated in its Drug and Alcohol Testing Regulations that cannabis is not acceptable for any employee engaged in safety sensitive work. Currently, there are federal laws that give employers guidance and protection on how to ensure a drug free workplace despite the increase in cannabis use.
A drug test (also often toxicology screen or tox screen) is a technical analysis of a biological specimen, for example urine, hair, blood, breath, sweat, or oral fluid/saliva—to determine the presence or absence of specified parent drugs or their metabolites.
And if there is suspicion of drug usage, a blood or urine test is likely, or at least the testimony of a specially trained officer called a Drug Recognition Expert (DRE). Assuming sufficient evidence of impaired driving from drugs, the arrested may face charges of driving under the influence of drugs or the combined influence of alcohol and drugs.
The Drug-Free Workplace Act of 1988 (41 U.S.C. 81) is an Act of the United States which requires some federal contractors and all federal grantees to agree that they will provide drug-free workplaces as a precondition of receiving a contract or grant from a Federal agency. [1]
J.B. Hunt added hair testing for drugs to all pre-employment tests since May 2006, in addition to Federal Motor Carrier Safety Administration (FMCSA) mandated urine testing. [16] Hair testing can detect prior drug usage for up to 90 days. [17] Drivers are also trained and certified in the safety training program Smith System. [18] [19]
The drug or other substance has a potential for abuse less than the drugs or other substances in schedules I and II. The drug or other substance has a currently [1] accepted medical use in treatment in the United States. Abuse of the drug or other substance may lead to moderate or low physical dependence or high psychological dependence.
To legally test the drug on human subjects in the United States, the maker must first obtain an Investigational New Drug (IND) designation from FDA. [5] This application is based on nonclinical data, typically from a combination of in vivo and in vitro laboratory safety studies, that shows the drug is safe enough to test in humans. [5]
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