Is CBD oil considered acceptable, and can it cause a drug test to have a positive result?
CBD oil can be made from both marijuana and hemp. Hemp based CBD oils, when used in low doses, are unlikely to result in a positive test because they often don’t contain high enough levels of THC for detection. If an employee is using hemp-derived CBD oil, most individuals would have to consume a relatively large amount of the product, to test non-negative. Note: Taking that much CBD oil could result in the user’s impairment.
Doses aren’t standardized across brands and some recommend higher doses than others. In addition, hemp-derived CBD oils aren’t FDA regulated and the advertised THC levels of products can be unreliable. As a result of varying dose recommendations and uncertain THC levels, taking CBD oil comes with a risk of a non-negative test result.
When running background checks, how do I stay compliant?
It’s important to have a clear and concise written policy, which remains consistent for all candidates who apply. Background checks must remain compliant with the regulations set forth by the Fair Credit Reporting Act (FCRA) and in addition, must also comply with state laws as they vary by state. Before running a background check, the candidate must be notified and give written consent for the employer to proceed with the check. Not all background checks are the same and depending on the industry can vary on what is required. Standard background checks often include criminal history checks, employment and education verification, SSN validity, etc. Some positions require more, such as DOT testing history, state driving records, credit reports, sex offender searches, etc. Once a candidate is hired, employers are required to fulfill an I-9 and E-Verify, which verifies the identity and eligibility to work for all new employees. By following these steps you can help ensure your background process is as safe and effective as possible.
Why are background checks important?
It’s important that employers maintain standards when making hiring decisions to keep their workplace safer while ensuring the quality of employee matches their requirements. If an applicant has anything to hide, they will most likely not want to apply to a position that requires a background check. When implementing employment screening procedures, such as a background check, employers will most likely see an improvement in the quality of the applicants that apply.
Why is the candidate's consent required to run a background check?
According to the Fair Credit Reporting Act (FCRA) § 604 – 15 U.S.C. § 1681b, employers are required to provide applicants with a separate written disclosure, which advises that a consumer report may be obtained for employment purposes. The document must consist solely of the disclosure as a stand-alone document. Additionally, the employer also must obtain the applicant’s written consent to order the background check.