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.
Can DISA report to the Clearinghouse for me?
Employers must designate DISA as their C/TPA in the Clearinghouse and let us know they want us to report on their behalf so we can update their settings in DISAWorks.
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.