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.
What are the benefits of DISA's drug testing services?
DISA's industry-leading vendor partners, combined with an extensive range of drug testing methodologies set our standards higher for customers. Our drug testing solutions offer expanded service offerings, cutting-edge technology, and a single-source solution for all your drug testing needs. By implementing a drug testing program with DISA, you'll find:
- Reduced employee healthcare costs
- Improvements in employee morale, productivity, and performance
- Decreased absenteeism, accidents, downtime, turnover, and theft
- Compliance with state or federal regulations
- Being able to identify and refer employees who have drug and/or alcohol problems
- Providing a safe workplace for employees
If an employee uses medical marijuana, can they be terminated if they test positive for marijuana?
Medical marijuana laws vary by state and it’s important that employers address the specific laws that pertain to their company and employees when creating a drug testing policy. Each state has its own system of medical marijuana laws, which may or may not include bills that provide explicit employment protections. For example, in California, legislation allows employers the right to terminate an employee who tests positive for marijuana, even if they hold a medical marijuana card.
In addition to state laws, employers must also address federal standards pertaining to workers’ comp, the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), unemployment benefits, drug-free workplace laws, and state handicap/discrimination laws. Even in states where legalized, the laws do not protect an employee that is impaired while at work, under the influence, or using on the job, especially when working in a safety-sensitive position. While a workplace drug test will detect THC, in most instances, the same test will not determine “impairment.” This is why documenting suspicious behavior and implementing manager training for reasonable suspicion and probable cause will help determine if an employee is impaired while on the job.
How do I change over to eCCFs?
If you’re not yet utilizing eCCFs, it’s easy to get started! Simply click on the yellow “WalkMe” button at the top of DISAWorks or DISA360, then select “Order a Drug Test (eCCF)”. The guided WalkMe process will take you step-by-step through the entire process. Get started at our article "How to Get Started Using eCCFs"