You obviously have a fight to pick and are looking for someone to fight with. Not me - I dont have a dog in this fight. Here are some pages for you go after someone:
http://www.acde.org/employer/DAwork.htm
http://www.osha.gov/SLTC/substanceabuse/index.html
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=OSHACT&p_id=3371
Sounds fishy to me - can you cite a single specific instance of such a finding of fault?
You obviously have a fight to pick and are looking for someone to fight with. Not me - I dont have a dog in this fight.
Your dog is your still unsupported claim about legal fault.
Of your three links, the first two say nothing about legal fault and the third says nothing about drug use - so no support there for your claim.