Jottings By An Employer's Lawyer

Wednesday, December 01, 2004

Tort Claims Against Lab for Improper Drug Tests Not Preempted by Federal Statute

If you have an interest in the potential liability of a drug testing lab under various state causes of action, including negligence, you might want to check out Chapman v. Lab One (8th Cir. 11/30/04) [pdf]. Ruling in consolidated cases originally filed in the state courts of Iowa and Nebraska, the Court holds the Federal Railroad Safety Act, as amended by the Federal Omnibus Transportation Employee Testing Act of 1991, did not preempt a wide variety of state law claims brought against a drug testing laboratory which reported positive drug tests. The Court did not decide the issue of whether such claims against employers would be preempted by the same statutes.

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