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  • Posts by Mark T. Koerner
    “A man, Mark Koerner, with short, dark brown hair and glasses, wearing a grey blazer and white shirt, is smiling at the camera, standing against a blurred blue and white background.”
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    Mark Koerner focuses his practice in two niche areas -- Transit Authority Law and Environmental Law. As he has from the start of his legal career, he also counsels and represents a range of other clients on litigation, business law, and ...

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Employers required to conduct mandatory drug and alcohol testing need to be aware of any new requirements and their implications.

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Employee Drug Test FormIn June 2024, the U.S. Department of Transportation (DOT) published a final rule with revised procedures for workplace drug and alcohol testing using oral fluid. The revisions detail technical changes in the way oral fluid samples are to be collected and witnessed during mandatory employee drug testing.  

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Oral Drug TestingOn May 2, 2023, the United States Department of Transportation (“DOT”) published a final rule that authorizes employers to use oral fluid drug testing as an alternative methodology to urine drug testing. While the final rule became effective on June 1, 2023, employers may not conduct oral fluid testing until the United States Department of Health and Human Services (“DHHS”) certifies at least two laboratories to conduct such testing (one to serve as a primary laboratory and one to serve as a split-specimen laboratory).

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ADA Reasonable AccommodationIntroduction

President George H. W. Bush signed the Americans with Disabilities Act (ADA) in 1990. The ADA is a comprehensive federal civil rights law that prohibits discrimination in employment based upon disability and guarantees access to public accommodations to individuals with disabilities.

Hundreds of ADA lawsuits are filed each year asserting violations of the ADA. As a result, it is imperative for employers to understand the ADA requires.

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