Answer

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.

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.

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.

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".