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?

Answer

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.

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