DOT CBD Notice

CBD Molecule

DOT OFFICE OF DRUG AND ALCOHOL POLICY AND COMPLIANCE NOTICE

 

The Agricultural Improvement Act of 2018, Pub. L. 115-334, (Farm Bill) removed hemp from the definition of marijuana under the Controlled Substances Act.  Under the Farm Bill, hemp-derived products containing a concentration of up to 0.3% tetrahydrocannabinol (THC) are not controlled substances.  THC is the primary psychoactive component of marijuana.  Any product, including “Cannabidiol” (CBD) products, with a concentration of more than 0.3% THC remains classified as marijuana, a Schedule I drug under the Controlled Substances Act.

 

We have had inquiries about whether the Department of Transportation-regulated safety-sensitive employees can use CBD products.  Safety-sensitive employees who are subject to drug testing specified under 49 CFR part 40 (Part 40) include:  pilots, school bus drivers, truck drivers, train engineers, transit vehicle operators, aircraft maintenance personnel, fire-armed transit security personnel, ship captains, and pipeline emergency response personnel, among others.

 

It is important for all employers and safety-sensitive employees to know:

 

  1. The Department of Transportation requires testing for marijuana and not CBD.

 

  1. The labeling of many CBD products may be misleading because the products could contain higher levels of THC than what the product label states. The Food and Drug Administration (FDA) does not currently certify the levels of THC in CBD products, so there is no Federal oversight to ensure that the labels are accurate. The FDA has cautioned the public that: “Consumers should beware purchasing and using any [CBD] products.”  The FDA has stated: “It is currently illegal to market CBD by adding it to a food or labeling it as a dietary supplement.”*  Also, the FDA has issued several warning letters to companies because their products contained more CBD than indicated on the product label. **[i]

 

  1. The Department of Transportation’s Drug and Alcohol Testing Regulation, Part 40, does not authorize the use of Schedule I drugs, including marijuana, for any reason. Furthermore, CBD use is not a legitimate medical explanation for a laboratory-confirmed marijuana positive result.Therefore, Medical Review Officers will verify a drug test confirmed at the appropriate cutoffs as positive, even if an employee claims they only used a CBD product.

 

It remains unacceptable for any safety-sensitive employee subject to the Department of Transportation’s drug testing regulations to use marijuana.  Since the use of CBD products could lead to a positive drug test result, Department of Transportation-regulated safety-sensitive employees should exercise caution when considering whether to use CBD products.

 

The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. This policy and compliance notice is not legally binding in its own right and will not be relied upon by the Department as a separate basis for affirmative enforcement action or other administrative penalty.  Conformity with this policy and compliance notice is voluntary only and nonconformity will not affect rights and obligations under existing statutes and regulations.  Safety-sensitive employees must continue to comply with the underlying regulatory requirements for drug testing, specified at 49 CFR part 40.

 

 

February 18, 2020

2020 DOT Random Testing Rates

Transportation Technology

The following outlines the annual minimum drug and alcohol random testing rates established within DOT Agencies and the USCG for 2020.

DOT Agency 2020 Random Drug Testing Rate 2020 Random Alcohol Testing Rate
Federal Motor Carrier Safety Administration (FMCSA) 50% 10%
Federal Aviation Administration (FAA) 25% 10%
Federal Railroad Administration (FRA) 25% – Covered Service 10% – Covered Service
50% – Maintenance of Way 25% – Maintenance of Way
Pipeline & Hazardous Materials Safety Administration (PHMSA) 50% N/A
Federal Transit Administration (FTA) 50% 10%
United States Coast Guard (USCG) 50% N/A

 

Note: Employers (and C/TPAs) subject to more than one DOT agency drug and alcohol testing rule may continue to combine covered employees into a single random selection pool.

 

USCG covered employees may be combined with DOT covered employees in drug testing pools even though the USCG is now part of the Department of Homeland Security.

Consortium/Third-Party Administrator (CTPA)

Health and Safety

Nationwide Testing Association, Inc., is a Consortium/Third-Party Administrator. Being a C/TPA means that we manage all, or part, of our client’s DOT drug and alcohol testing program. Our goal as a C/TPA is to guide our clients in safety and regulatory compliance.

As a DOT Consortium, we play a unique service agent role for our owner operator and single driver clients. While 40.355 (K) prohibits service agents from serving as “designated employer representatives” (DER), the consortium is authorized to perform a number of employer functions for you. Larger DOT-Regulated employers may choose to be part of our consortium, or request a stand-alone DOT random testing program.

Would you like to learn more about our programs? Learn More!

We are the industry leader for DOT, Department of Transportation, compliant drug and alcohol testing programs, as well as our program administration, and customer service!  Would you like to learn why?

Contact us for more information!

Medical & Recreational Marijuana in a DOT Regulated Workplace

Marijuana & CBD Oil

As more and more states enact laws authorizing the use of medical and recreational marijuana, it is increasingly important for employers to stay informed. We have had several inquires about whether the Department of Transportation would change its longstanding regulation about the use of marijuana by safety-sensitive transportation employees. The Department of Transportation’s regulations impact pilots, school bus drivers, truck drivers, train engineers, subway operators, aircraft maintenance personnel, transit fire-armed security personnel, ship captains, and pipeline emergency response personnel, among others.

 

The Department of Transportation’s Drug and Alcohol Testing Regulations – 49 CFR Part 40 at 40.151(e) – does not authorize “medical marijuana” under state law to be a valid medical explanation for a transportation employee’s positive drug test result.

 

“40.151 (e) – You must not verify a test negative based on information that a physician recommended that the employee use a drug listed in schedule I of the Controlled Substance Act. (e.g., under a state law that purports to authorize such recommendations, such as the “medical marijuana” laws that some states have adopted.) “

 

Marijuana remains a drug listed in Schedule I of the Controlled Substance Act. It remains unacceptable for any safety-sensitive employee subject to drug testing under the Department of Transportation’s drug testing regulations to use marijuana.

 

The purpose of these regulations is to assure the traveling public that our transportation system is the safest it can possibly be. It continues to be important to educate all of your safety-sensitive employees on the regulations and ensure that you are operating safely.

 

If you would like our help or are interested in talking to us, then contact us. We have been helping companies promote safety for over 38 years!

Understanding The FMCSA Clearinghouse!

In preparation for the upcoming FMCSA Drug & Alcohol Clearinghouse effective January 6, 2020, NTA offers:

  • Updated FMCSA Substance Abuse Policies and Driver Educational Materials to add the new component of FMCSR Part 382.601 (#12). These updates are included in the Annual Management Fee for existing clients.
    • Policies and Educational material can be purchased by non-clients for $50.00.
  • Important: Owner-operators are required to designate a Third Party Administrator (TPA) to manage their clearinghouse processes. Nationwide Testing Association Inc is your Third Party Administrator. If you need help registering and designating us as your TPA, please call our office.
    • Managing the clearinghouse process for owner-operators will be included in your annual management fee.

 

Our clients may choose to add the following package of services to their program. This package may be billed as a monthly, quarterly, or yearly subscription.

  • Full Queries run automatically after the completion of a pre-employment DOT drug test.
  • Annual Limited Queries run automatically on all drivers, either based on a predetermined date or scheduled with your annual MVR with Nationwide Testing Association.
  • Coordination, evaluation, and assistance with all required reporting.
  • Assistance in understanding and interpreting clearinghouse data.

Contact us today for more information!

FMCSA Drug & Alcohol Clearinghouse Services

18-Wheeler on Highway

In preparation for the upcoming FMCSA Drug & Alcohol Clearinghouse effective January 6, 2020, NTA offers:

  • Updated FMCSA Substance Abuse Policies and Driver Educational Materials to add the new component of FMCSR Part 382.601 (#12). These updates are included in the Annual Management Fee for existing clients.
    • Policies and Educational material can be purchased by non-clients for $50.00.
  • Important: Owner-operators are required to designate a Third Party Administrator (TPA) to manage their clearinghouse processes. Nationwide Testing Association is your Third Party Administrator. If you need help registering and designating us as your TPA, please call our office.
    • Managing the clearinghouse process for owner-operators will be included in your annual management fee.

 

Our clients may choose to add the following package of services to their program. This package may be billed as a monthly, quarterly, or yearly subscription.

  • Full Queries run automatically after the completion of a pre-employment DOT drug test.
  • Annual Limited Queries run automatically on all drivers, either based on a predetermined date or scheduled with your annual MVR with Nationwide Testing Association.
  • Coordination, evaluation, and assistance with all required reporting.
  • Assistance in understanding and interpreting clearinghouse data.

 

Contact us for a quote!