What happens if you fail a drug screen?
If one of your employees fails a drug screen and they are in a safety-sensitive position, they must be removed from duty immediately. If the employee is not in a safety-sensitive position, then disciplinary actions can vary based on company policy. Some employers offer Return-to-Duty testing which is given after an employee has violated a company’s drug and alcohol policy and gives the employee an opportunity to get healthy and return to work. Before returning to the company drug testing program, the employee must follow through with the Return-to-Duty process, which can vary by company and industry specifications. Some programs include an evaluation by a Substance Abuse Professional (SAP), education and treatment programs, Follow-Up testing, and more. Contact your HR Representative for more information. Employees in a DISA mandated drug and alcohol testing program that are interested in going through DISA's 'return-to-duty' process can visit our Return To Duty (RTD) Drug Testing page.
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.
In Arizona can I fire an employee for testing positive for marijuana?
A recent case involving a major retail chain fired an Arizona employee for testing positive for marijuana despite the fact that they possessed a medical marijuana card and disclosed that information prior to taking a urinalysis. The company claimed that they were protected under the state’s Drug Testing of Employees Act, but the judge ruled that the company couldn’t prove if the employee was impaired at work. It’s advisable that employers do not terminate Arizona employees who hold a valid medical marijuana card based solely off of a positive marijuana drug test result. Companies’ should ensure that they provide employee education and reasonable suspicion training for managers, implement a medical disclosure policy, and establish a documentation process. If a terminated employee later sues for wrongful termination, this documentation and an established process, could be a deciding factor in your case.
Can I hire someone with an invalid result?
An invalid test result is acceptable except in the following cases:
- The employer needs a negative test result (DOT and Consortium Pre-Employment, Return-to-Duty)
- The MRO has instructed a recollection and/or medical evaluation
Return-to-Duty and SAP referrals are relevant to non-negative results so, if an employee is restricted due to an invalid test result that employee should not be subject to an RTD program (unless the client’s corporate policy indicates otherwise).