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.

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.

You will need to contact your contract employer for the specific owner’s procedure for obtaining a waiver or exemption.