The Decline and Fall of the Drug Free Workplace Joseph D. Tessitore, Esquire Bell & Roper, P.A E. Jefferson Street Orlando, Florida (407) Bellroperlaw.com 10/24/14 1

Issues To Be Addressed 2

Public vs. Private Employer 3

Fourth Amendment 4

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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 Safety- Sensitive Position? 24

Question: What Is A Safety- Sensitive Position? (cont’d) 25

Question: What Is A Safety- Sensitive 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

Post-Accident (cont’d) Type of Accident Involved Citation Issued to the CMV Driver Test Must Be Performed By Employer i. Human Fatality Yes NoYes ii.Bodily injury with immediate medical treatment away from the scene Yes No iii. Disabling damage to any motor vehicle requiring tow away Yes 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 32

Post Accident Testing for Non- Regulated Employees 33

Post Accident Testing for Non- Regulated Employees (cont’d) 34

Cases 35

Cases (cont’d) 36

Cases (cont’d) 37

Post Accident Summary 38

Consent 39

Conclusion 40