How can an employer apply for the FMCSA Under-21 Non-Military Pilot Program?
"Currently, 49 states and the District of Columbia already allow 18 to 20-year-old CDL holders to operate CMVs in intrastate commerce—meaning under-21 drivers may currently drive within state borders, such as from Houston to El Paso or from Miami to Tallahassee." Additionally, the FMCSA proposed a new under-21 commercial driver pilot program for interstate commerce in 2020 that is still pending "thoughts and opinions". More information can be found on the FMCSA Proposed Pilot Program page. A similar program was launched for military members in 2018 and was proposed two years earlier before officially launching.
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.
How long does a failed drug test stay on DISA?
If an employee fails a drug test through DISA's program, it will remain on their account indefinitely. Depending on the industry and/or workplace policy, employees have the opportunity to complete a Return-to-Duty test and process. However, once a Return-to-Duty program is completed, the failed drug test will still remain on the individual's account indefinitely due to owners with zero tolerance.
If an employee uses medical marijuana, can they be terminated if they test positive for marijuana?
Medical marijuana laws vary by state and it’s important that employers address the specific laws that pertain to their company and employees when creating a drug testing policy. Each state has its own system of medical marijuana laws, which may or may not include bills that provide explicit employment protections. For example, in California, legislation allows employers the right to terminate an employee who tests positive for marijuana, even if they hold a medical marijuana card.
In addition to state laws, employers must also address federal standards pertaining to workers’ comp, the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), unemployment benefits, drug-free workplace laws, and state handicap/discrimination laws. Even in states where legalized, the laws do not protect an employee that is impaired while at work, under the influence, or using on the job, especially when working in a safety-sensitive position. While a workplace drug test will detect THC, in most instances, the same test will not determine “impairment.” This is why documenting suspicious behavior and implementing manager training for reasonable suspicion and probable cause will help determine if an employee is impaired while on the job.