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.
In Arizona can I fire an employee for testing positive for marijuana?
A recent case involving a major retail chain fired an Arizona employee for testing positive for marijuana despite the fact that they possessed a medical marijuana card and disclosed that information prior to taking a urinalysis. The company claimed that they were protected under the state’s Drug Testing of Employees Act, but the judge ruled that the company couldn’t prove if the employee was impaired at work. It’s advisable that employers do not terminate Arizona employees who hold a valid medical marijuana card based solely off of a positive marijuana drug test result. Companies’ should ensure that they provide employee education and reasonable suspicion training for managers, implement a medical disclosure policy, and establish a documentation process. If a terminated employee later sues for wrongful termination, this documentation and an established process, could be a deciding factor in your case.
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.
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.