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| Labor Under Fire does not give any form of legal advice but is offered as a means for an employee and/or employer to research labor problems present to a considered legal action. Labor Under Fire advises all employee's to contact a Labor lawyer, to obtain legal advise and/or guidance for any labor problems. Labor Under Fire conceders the employer to already to have an attorney on retainer. |
| Tims Missouri Employment Law By Attorney Tim Willoughby http://www.timslaw.com |
| ALCOHOL/DRUG TESTING IN THE WORK PLACE |
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| WHATS UP MAGAZINE IS A ST. LOUIS STREET NEWS PUBLICATION DISTRIBUTED BY AND FOR THE HOMELESS AND DISADVANTAGED whatsupstl.com |
| Drug & Alcohol Testing It's not necessary -- and coming from employers who routinely demand mandatory overtime and that fewer and fewer employees handle ever-increasing workloads -- drug and alcohol testing is nothing more than out-and-out hypocrisy. Under the guise of concern for their employees safety and health, a large percentage of employers are now demanding the right to conduct some sort of drug and alcohol testing. To most workers this smacks of hypocrisy. The same employers who routinely demand mandatory overtime or wage cuts or expect the workforce to handle highly toxic substances suddenly are professing concern for workers. Most employers see drug and alcohol testing as just another hammer to hold over the heads of the employees. UE Steward |
| National Drug and Alcohol Testing Program The new Federal Motor Carrier Safety Regulations went into effect on January 1, 1995 for all vehicles (vans and busses) designed to carry 16 or more passengers. These regulations applied to churches and schools and included requirements of U.S. DOT numbers on all covered vehicles and commercial driver's licenses (CDL) for the drivers of these vehicles. The regulations also required compliance with new drug and alcohol testing requirements by January 1, 1996. These new testing requirements apply to all of your CDL drivers including those who only drive within your state. They also apply equally to paid CDL employees and volunteers. NationalDrugandAlcoholTesting |
| Missouri Law on Drug/Alcohol Testing Missouri law on drug/alcohol testing applies to school bus drivers. BusinessOwnersToolkit |
| State Statute Chart on drug Testing in the Workplace Drug and alcohol abuses continue rising across the nation. Seventy-one percent of all drug users over the age of 18-more than 10 million workers-are employed full or part time, according to the Department of Labor. Drug abuse affects such financial areas as sick leave, medical costs and workers' compensation costs. Substance abusers file three to five more workers' compensation claims than the average employee and account for 38 percent to 50 percent of all claims. employed drug abusers cost their employers about twice as much in medical and workers' compensation claims as their drug-free coworkers, according to the National Institute on Drug Abuse. In addition, substance abuse leads to higher rates of violence and contributes to the increasing problem of violence in the workplace. It is important for policymakers to enact legislation that balances the need for safe and productive workplaces with upholding individuals' rights to privacy. NationaConferenceofStateLegislatures |
| Ruling Undermines Drug-Testing Policies By Peter Downs October 1999 By a 2-1 vote, the Missouri Labor and Industrial Relations Commission affirmed that an employee fired for testing positive for cocaine use was entitled to his full unemployment compensation. The decision upholds a ruling that throws into doubt the validity of drug-testing procedures used throughout the industry. STLConstructNet |
| Decision of Commission By Missouri Labor and Industrial Relations Commission October 7, 1999 A deputy determined under the Missouri Employment Security Law that Michael Walker (claimant) was disqualified for benefits for eight weeks for which he claims benefits and is otherwise eligible, on a finding that he was discharged on March 31, 1999, for misconduct connected with his work, Claimant filed a appeal from that determination. On May 28, 1999, the appeals tribunal reversed the deputy's determination. Gershenson construction Company, Inc. (employer) filed a timely Application for Review with the Labor and Industrial Relations Commission. STLConstructNet |
| "It is not a matter of right or wrong, it is not a matter of moral or immoral but a matter of manipulation". Feb. 11, 2003 By Anthony M. Streckfuss |
| Dissenting Opinion By Christian C.R. Wrigley October 7, 1999 Based on my review of the evidence and consideration of the relevant provisions of the Missouri Employment Security Law, I strongly believe the decision reached by the Commission which affirms the Appeals Tribunal is in error. I would reverse the decision and disqualify the claimant for benefits for eight weeks. STLConstructNet |
| Drug Testing You tested dirty, but you're clean. You think the employer falsified the test. If you were selected for testing due to some discriminatory or retaliatory reason, or you were punished excessively for a dirty test because of discrimination or retaliation, then your case is not a drug testing case - it's a discrimination or retaliation case. See a lawyer right away. Also, it your case involves issues such as the employer learning of your private medicines or interfering with your medication, then this section is not for you and you need to file an EEOC charge (see discrimination for how to file EEOC Charges). TimsLaw.com |
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| ************************************************* How the following stories and articles rate by LUF: * A must read for the employee easy to understand and read ** Helpful but needs something more *** You will have to reread to follow **** This will puts you to sleep, dry boring ***** Time to go to college ************************************************* |