During this video, we take an in-depth look at developing a drug-free workplace program.
If you have any questions, contact us!
During this video, we take an in-depth look at developing a drug-free workplace program.
If you have any questions, contact us!
What do you currently know about hair testing? Hair drug testing is an effective way to evaluate long-term patterns of use. Some employers choose to use hair testing because the collection process is relatively noninvasive and it is challenging to cheat a hair drug test. While hair tests can detect long-term drug use, they can’t detect recent use and there is a longer processing time required to get results. Hair drug testing is the only testing method available that provides up to a 90-day drug use history. However, these tests cannot pinpoint the exact date of drug use because hair growth rates can vary widely among different people. Although hair samples undergo a two-step testing process, they are not 100 percent accurate. Factors that can affect the concentration of drug metabolites present in a hair sample include:
The use of typical styling products and shampoos should not affect the test results. In 2015, researchers at the Friends Research Institute in Baltimore, Maryland, conducted a study examining the effectiveness of hair follicle drug tests. The researchers compared self-reported drug use with hair follicle test results from 360 adults at risk for moderate drug use. According to the results of the study, hair follicle drug testing correctly identified:
Are you interested in looking at adding hair testing to your drug testing program? Give us a call; we are always happy to help! 1.800.452.0030 ext. 203.
Click here to watch out Hair Testing, Oral Fluid Testing, and Urine Drug Testing video!
Yesterday we hosted a webinar to discuss the most common workplace drug testing methods. During this course, we review the pros and cons of each testing method. It is important to look at the different options available to see which testing method would work best fit your work environment and accomplish your testing goals.
If you were not able to attend the webinar we have published the video recording above.
If you have any questions, contact us!
DOT Guidance on Compliance with Drug and Alcohol Testing Regulations
This guidance document provides clarity to DOT-regulated employers, employees, and service agents on conducting DOT drug-and-alcohol testing given concerns about the Coronavirus Disease 2019 (COVID-19). We, as a Nation, are facing an unprecedented public health emergency that is straining medical resources and altering aspects of American life, including the workplace. The Nation’s transportation industries, which are not immune to the impacts and disruptions resulting from the spread of COVID-19 in the United States, are playing a vital role in mitigating the effects of COVID-19.
DOT is committed to maintaining public safety while providing maximum flexibility to allow transportation industries to conduct their operations safely and efficiently during this period of national emergency.
The below guidance on compliance with the DOT and modal drug and alcohol testing programs apply during this period of national emergency.
For DOT-Regulated Employers:
You are encouraged to continue to monitor guidance from public health officials and to refer to official government channels for additional information related to COVID-19. The CDC provides helpful guidance and insight from medical professionals who closely monitor the virus. The CDC latest updates (https://www.cdc.gov/coronavirus/2019-ncov/index.html). Also for reference, the Occupational Safety and Health Administration has released guidance on preparing workplaces for COVID-19 (https://www.osha.gov/Publications/OSHA3990.pdf)
This guidance document does not have the force and effect of law and is not meant to bind the public in anyway. This guidance is intended only to provide clarity regarding existing requirements under the law.
How to conduct testing is found in 49 CFR Part 40 (see https://www.transportation.gov/odapc/part40 ), while who gets tested and when (along with drug and alcohol-related training requirements) can be found in the applicable DOT modal regulations (see https://www.transportation.gov/odapc/agencies).
[3]As a reminder, point-of-collection testing or instant tests are not authorized in DOT drug testing (see https://www.transportation.gov/odapc/part40/40-210)
If you have any questions, please contact us!
What is a refusal to take a DOT drug test, and what are the consequences? The DOT regulations speak to refusals in subpart I – Problems in Drug Testing. The three rules that are commonly cited are 40.191, 40.193, and 40.195. A refusal to test is much broader than the employee telling their employer that they will not have the test completed.
(a) As an employee, you have refused to take a drug test if you:
(1) Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer, consistent with applicable DOT agency regulations, after being directed to do so by the employer. This includes the failure of an employee (including an owner-operator) to appear for a test when called by a C/TPA (see §40.61(a));
(2) Fail to remain at the testing site until the testing process is complete; Provided, That an employee who leaves the testing site before the testing process commences (see §40.63 (c)) for a pre-employment test is not deemed to have refused to test;
(3) Fail to provide a urine specimen for any drug test required by this part or DOT agency regulations; Provided, That an employee who does not provide a urine specimen because he or she has left the testing site before the testing process commences (see §40.63 (c)) for a pre-employment test is not deemed to have refused to test;
(4) In the case of a directly observed or monitored collection in a drug test, fail to permit the observation or monitoring of your provision of a specimen (see §§40.67(l) and 40.69(g));
(5) Fail to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure (see §40.193(d)(2));
(6) Fail or decline to take an additional drug test the employer or collector has directed you to take (see, for instance, §40.197(b));
(7) Fail to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER under §40.193(d). In the case of a pre-employment drug test, the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment. If there was no contingent offer of employment, the MRO will cancel the test; or
(8) Fail to cooperate with any part of the testing process (e.g., refuse to empty pockets when directed by the collector, behave in a confrontational way that disrupts the collection process, fail to wash hands after being directed to do so by the collector).
(9) For an observed collection, fail to follow the observer’s instructions to raise your clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if you have any type of prosthetic or other device that could be used to interfere with the collection process.
(10) Possess or wear a prosthetic or other device that could be used to interfere with the collection process.
(11) Admit to the collector or MRO that you adulterated or substituted the specimen.
If the employee is concerned about COVID-19 and refuses to go into the clinic to have the collection completed, it is deemed a refusal to test. If the test is considered a refusal, you must consider it as a violation. As a result, the refusal must get reported to the clearinghouse. For information on how to handle this violation, please read our other article here.
If you have any questions, please contact us! We are here anytime to assist you with compliance!
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:
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