CBD & Workplace Drug Testing

Recently CBD has gained popularity as some researchers say it could be highly beneficial to treat certain medical conditions. Many employers have questions about the effects of CBD on safety and how it will relate to their workplace drug testing policy and practices.

What is CBD?

Cannabidiol or CBD is one of approximately 400 compounds found in cannabis, the same plant that produces the compound delta-9-tetrahydrocannabinol (THC). While CBD comes from the same plant as THC and shares some similarities, it does not produce a “high.” Early research shows that CBD may benefit medical and therapeutic issues such as seizures, neurological diseases, pain, cancer, inflammation, and mood disorders, including PTSD.

In some medical marijuana states, CBD products are allowed to have residual levels of THC up to 5%. Early research of CBD products has shown some adverse reactions in some people such as drowsiness, fatigue, decreased blood pressure, anxiety, possible endocrine disruption, altered immune function, dizziness, psychomotor slowing, and diarrhea.

 Will I fail my test?

CBD itself would not report positive for marijuana or the marijuana metabolite. If the CBD product contains THC at a sufficiently high concentration (5% or higher as allowed in some states where medical/recreational marijuana is decriminalized), it may cause a positive. Keep in mind that CBD with a residual level of 5% THC is not legal in all states.

It is important to remember that neither CBD nor medical marijuana use is allowed to be considered an alternative medical explanation for the positive test result when the test is regulated by the Department of Transportation (DOT).

The important part of workplace testing is to educate your staff and managers. Give us a call if you have any specific questions about CBD use in the workplace! 1.800.452.0030 ext. 0

What you need to know about DOT Drug & Alcohol Testing

What is a DOT drug test?

A DOT Drug test is a drug test that is regulated by the Department of Transportation (DOT).

In 1991, the U.S. Congress passed the Omnibus Transportation Employee Testing Act when they recognized the need for a drug and alcohol-free transportation industry. This act requires that DOT regulated employers implement a drug and alcohol testing program for their safety-sensitive employees.

The DOT regulations and procedures are listed as 49 CFR Part 40. These rules are published by the Office of Drug & Alcohol Policy & Compliance (ODAPC). The Office of Drug & Alcohol Policy & Compliance publishes and provides authoritative interpretations of these rules. Each DOT agency and the U.S. Coast Guard write industry-specific regulations, spelling out who is subject to testing, when, and in what situation.

Who is required to get DOT drug & alcohol tests?

Anyone designated in the DOT regulations as a “safety-sensitive” employee is subject to DOT drug and alcohol testing. A safety-sensitive employee is someone who holds a job that can impact both their safety and the safety of the public.

These are some of the DOT regulations on who is subject to testing:

Aviation (FAA) Flight crews, flight attendants, flight instructors, air traffic controllers at facilities not operated by the FAA or under contract to the U.S. military, aircraft dispatchers, aircraft maintenance or preventative maintenance personnel, ground security coordinators and aviation screeners. Direct or contract employees of 14 CFR Part 121 or 135 certificate holders, Section 91.147 operators and air traffic control facilities not operated by the FAA or under contract to the US Military. See FAA regulations at 14 CFR Part 120.

Commercial Motor Carriers (FMCSA) Commercial Drivers License (CDL) holders who operate Commercial Motor Vehicles, 26,001 lbs. GVWR. Or greater, or operate a vehicle that carries 16 passengers or more including the driver, or required to display a DOT placard in the transportation of hazardous material.1 1 In some instances, states allow waivers from this qualification, such as operators of fire trucks and some farm equipment. Check with your state department of motor vehicles for more information. See FMCSA regulation at 49 CFR Part 382.

Maritime (USCG) An agency of the U.S. Department of Homeland Security. Crewmembers operating a commercial vessel. See USCG regulations at 46 CFR Parts 4 & 16.

Pipeline (PHMSA) Operations, maintenance and emergency response. See PHMSA regulations at 49 CFR Part 199.

Railroad (FRA) Hours of Service Act personnel, engine & train, signal service or train dispatchers. See FRA regulations at 49 CFR Part 219.

Transit (FTA) Vehicle operators, controllers, mechanics and armed security. See FTA regulations at 49 CFR Part 655.

What do DOT drug tests test for?

All DOT drug tests test for the following:

*Specimens collected for testing are:
Drug: Urine
Alcohol: Breath & Saliva

* The FRA requires blood specimens as part of their Post-Accident testing.

When are safety-sensitive employees required to get a DOT drug test?

DOT drug tests are required in the following situations:

  • Pre-Employment: prior to starting your job responsibilities.
  • Reasonable Suspicion: when a trained supervisor has a reasonable suspicion that changes in appearance, behavior, or Job performance may indicate drug or alcohol use.
  • Return-To-Duty: after a violation of drug and alcohol testing rules. Prior to returning to any DOT-regulated work function.
  • Follow up: takes place after a return-to-duty test. A Substance Abuse Professional (SAP) will determine how many tests you will have and when, with a minimum of 6 tests within the first 12 months.
  • Post-Accident: If you are involved in an event (accident, crash, etc.) meeting specific criteria of the DOT agency. Contact us to determine if the accident meets the requirements for a DOT drug test.

What happens if I fail my DOT drug test?

If you fail your DOT drug test, your employer will immediately remove you from performing any DOT safety-sensitive job. For more information check out our article on “My Driver Failed A Drug Test, What Now?”

Nationwide Testing Associations experts stay -up-to-date on DOT regulations and are here to assist you. If you’re interested in using Nationwide Testing Association, Inc., contact us today!

FMCSA Clearinghouse OPEN for Registration!

Registration is open for the Drug and Alcohol Clearinghouse. To access the Clearinghouse once it is operational, authorized users will be required to request access from FMCSA by registering for the Clearinghouse. Registering is the first step to ensuring you will be ready when the Clearinghouse is operational on January 6, 2020.

Authorized users include:

  • CDL drivers
  • Employers – this includes motor carriers and other employers of drivers operating commercial motor vehicles (CMVs) that require a commercial driver’s license (CDL) or commercial learner’s permit (CLP)
  • Consortia/third-party administrators (C/TPAs)
  • Medical review officers (MROs)
  • Substance abuse professionals (SAPs)
  • Enforcement personnel

To register, go to: https://clearinghouse.fmcsa.dot.gov

The Clearinghouse is a secure online database that will give employers, the Federal Motor Carrier Safety Administration (FMCSA), State Driver Licensing Agencies (SDLAs), and State law enforcement personnel real-time information about commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders’ drug and alcohol program violations.

The Clearinghouse will contain records of violations of drug and alcohol prohibitions in 49 CFR Part 382, Subpart B, including positive drug or alcohol test results and test refusals. When a driver completes the return-to-duty (RTD) process and follow-up testing plan, this information will also be recorded in the Clearinghouse.

In addition, employers may designate a C/TPA who can report violations and/or conduct queries on their behalf. An owner-operator—an employer that employs himself or herself as a CDL driver, typically a single-driver operation—must designate the C/TPA in the Clearinghouse. If you choose to designate Nationwide Testing Assocation, Inc., to report violations and conduct queries on your behalf then contact us!

For more information, contact us!