How Do I Contact DISA?
DISA's services are segmented across several industries. The best way to reach the correct representative is using our contact us page.
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.
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.
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.