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).
How may an employer show themselves to have provided a "reasonable accommodation" to employees who have been directed by a physician to use CBD, even though such use may result in a positive drug test?
An employer would follow the “accommodation” guidelines as indicated in their employment policy. The corporate HR group should assess whether or not efforts have been appropriate and should indicate when those efforts have been exhausted. Reasonable accommodations are changes made to accommodate a person’s disability, i.e., allowing someone to sit instead of stand, modifying work schedules, modifying work duties, placing an employee on leave until they complete all medication, etc.
It is said that you would have to take CBD in 1000-2000mg doses for it to show up on a test and the fact that THC products are not regulated, and the dosing could be off. Is that true for everyone, or do some clients get to decide their threshold?
There is no test for CBD, DISA’s tests will screen for THC or cannabinoids. Any test that screens for THC or cannabinoids is going to report findings for THC or cannabinoids that exceed the panel thresholds (levels). The origin of the substance will not be considered by the Medical Review Officer (MRO). DISA’s non-DOT corporate policy offers clients the option to customize testing panels.
Do different testing policies for different clients have different saturation levels as a threshold for positive vs. negative tests?
YES - All drug testing policies have a testing “panel.” Testing panels consist of substances and level thresholds (limit of detection). DISA offers policies with customized panels, in addition to policies that require standard/regulated panels. (Please note, all DOT and some safety-sensitive, non-DOT drug testing programs have mandatory testing panels)