Answer

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.

Drug and Alcohol Testing related

Which CCF forms have changed?

The Department of Transportation (DOT) recently made two key changes to DOT-regulated Custody and Control Forms (CCF), which is pertinent to those using paper forms. The first change is the addition of a Commercial Driver's License (CDL) state and number. The second change is that the new form accommodates the future use of oral fluid (saliva) specimens for DOT testing. More information can be found on our article "DOT-Regulated CCF Changes You Need to Be Aware Of".

Our lab partners use the most advanced screening technology, including screening methods to detect synthetic urine, to ensure quality control measures are in place for donors who try and cheat on a drug test. For more information on fake urine products and their effects on drug tests, read our fake urine blog here: https://disa.com/blog/fake-urine-and-drug-test-abuse

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.