Can an employee test positive for marijuana from second hand smoke?
Cut-off levels have been established to rule out passive or second hand smoke inhalation. Clinical studies have been conducted to establish the cut-offs, and the studies concluded that it is extremely unlikely for an individual to test positive due to passive or second hand smoke inhalation.
On a hair test and oral fluid panel/test certificates, does CBD fall under cannabinoids?
On a hair test and oral fluid panel/test certificates, does CBD fall under cannabinoids?
YES – Currently, CBD is not listed as an independent substance on any testing panel. DISA drug test (urine, hair, saliva) will screen for THC or cannabinoids.
Can I hire someone with an invalid result?
An invalid test result is acceptable except in the following cases:
- The employer needs a negative test result (DOT and Consortium Pre-Employment, Return-to-Duty)
- The MRO has instructed a recollection and/or medical evaluation
Return-to-Duty and SAP referrals are relevant to non-negative results so, if an employee is restricted due to an invalid test result that employee should not be subject to an RTD program (unless the client’s corporate policy indicates otherwise).
If an employee informs the employer that they are using a CBD product, what is the employers responsibility if that employee is in a safety-sensitive position?
The employer’s responsibility is to explain that there is no exception (under DOT regulations) for the use of any product that presents as THC metabolites and exceeds set thresholds on a DOT drug screen. If it is non-DOT, they should refer to the company policy. If the policy accepts CBD oil, then that should be communicated.