An in-depth look at the Medical Review Office Process. During this video, you will learn what happens after a drug test is completed at the lab and sent to the MRO.
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:
- The Department of Transportation requires testing for marijuana and not CBD.
- 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]
- 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
Have you ever received a drug test result that said dilute? Applicants and employees who know they are going to test positive may attempt to tamper with their sample to pass the test. The most common way of doing this is by diluting their urine, leading to a dilute drug test result.
Diluting urine means that the donor drinks a significant quantity of water before providing a specimen, and their body is overly hydrated. However, it is possible that a donor doesn’t do this with the intent of cheating the system and simply drinks a lot of water in general.
It is widely known that some donors try to dilute their urine because they consumed drugs and are trying to flush out their system. This practice will result in a dilute drug test result.
What can be done?
A dilute drug test result can still be used. If it is positive dilute, then it is positive and the employer should proceed accordingly. However, If it is negative, the employer does have a few options to help in making the best determination.
An employer can require that anyone who has a negative dilute drug test be retested. The employer can specify that the donor retest via another urine drug test or can choose another testing method that may be harder to cheat. Keep in mind that when testing a DOT donor, it may be necessary to retest that donor under a Non-DOT policy if choosing another testing method. This would mean that the test, if positive, would not report to the clearinghouse as DOT only allows for DOT urine samples. The employer can choose other options like a hair follicle or saliva drug test, which are both conducted under direct observation. Contact our office for help in developing a testing protocol for a dilute drug test.
Illicit drug users who test negative dilute often slip through the system and get hired more often than one would think. Sometimes, these users will get caught through random testing or reasonable suspicion testing. Don’t risk it! The safety of the workplace should come first! We are here to help provide the resources needed to promote safety in the workplace. Contact us for answers to any questions!
What is a DOT drug test?
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:
- Marijuana Metabolites (THC)
- Cocaine Metabolites
(including Methamphetamines, MDMA, MDA)
(Including Codeine, Morphine, 6-AM (heroin), Hydrocodone, Hydromorphone, Oxycodone, Oxymorphone)
- Phencyclidine (PCP)
*Specimens collected for testing are:
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!
Nationwide Testing Association, Inc., has over 37 years of experience assisting companies in making informed decisions. Our nationwide solutions for drug and alcohol testing, compliance services, and background screening are industry-leading. We pride ourselves on our host of full turnkey programs. All of our programs are customized to exceed both our client’s expectations and state and federal guidelines. Our high standards and our emphasis on a customer-first program has set us apart from our industry.
Pre-employment testing is the most common type of drug testing and is a way for employers to make the best hiring decisions possible. When an applicant applies to a job, they may be subject to a pre-employment drug test after a conditional offer of employment has been made. To ensure that the applicant is suitable for the position, most companies conduct a pre-employment drug test. Studies show a correlation between employee drug abuse and Increased absenteeism, higher workplace accident rates, decreased productivity and increased turn over.
When implementing pre-employment drug testing or employment drug testing, it is important to consider your business. What is right for you? Urinalysis? Hair Testing? Oral Fluids? Blood? Each of these testing methods has a different set of benefits. Pre-employment testing is only part of a full turnkey program! It is recommended to pair pre-employment testing with a random selection testing plan, as employees can begin drug use after the initial pre-employment test has been passed.
Contact Nationwide Testing Association, Inc., to discuss which nationwide drug testing program would be best for you! We will work with you to enhance your workplace safety! Discover the difference today!