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Mar 10 2020
Drug and Alcohol

DOT confirms CBD use doesn’t excuse positive marijuana test

The U.S. Department of Transportation (DOT) recently issued a bulletin confirming that using a product containing cannabidiol (CBD) isn’t a valid excuse for testing positive for tetrahydrocannabinol (THC) under DOT rules. Both products are derived from marijuana; THC has psychoactive effects, while CBD doesn’t. The cannabis industry is poorly regulated and as we previously reported,…

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Feb 11 2020
DisabilityDrug and AlcoholQ&A

Q&A: Are prior addicts covered by the ADA?

Question: One of our employees failed a random drug test. He says the positive test occurred because he was prescribed methadone by his doctor to treat his addiction to opiates. Do we have to retain him? We’re concerned about safety. Answer: If your drug testing process had included the services of a Medical Review Officer…

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Feb 11 2020
Drug and Alcohol

FMCSA random drug testing rate increases to 50%

The minimum random drug testing rate for commercial motor vehicle (CMV) drivers subject to federal drug and alcohol testing requirements has increased from 25 percent to 50 percent for calendar year 2020. Covered motor carriers must conduct enough random drug tests during the year to amount to at least 50 percent of the average number…

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May 17 2019
Drug and Alcohol

CBD products may cause positive drug tests (surprise!)

Marijuana-derived cannabidiol (CBD) products may also contain tetrahydrocannabinol (THC), the psychoactive part of cannabis, causing positive drug tests for workers who use CBD products. The federal government still considers marijuana illegal, but almost every state has legalized cannabis for medical or recreational use, and many cannabis-based products – including CBD products – are available to…

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Aug 22 2018
DisabilityDrug and AlcoholHiring

Q&A: Use MRO to verify whether prescription caused positive drug test

Answer: You should use a medical review officer (MRO) to review preliminary positive drug test results for current employees and potential new hires. The MRO will determine whether the individual has a valid prescription and whether the test results fall within the expected levels for the prescription. If so, the test results will be reported…

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May 15 2018
Drug and Alcohol

Q&A: Address employee’s failure to follow drug testing procedures

Answer: Possibly. Failure to follow established drug testing procedures can sometimes be a sign of an employee trying to evade or tamper with a drug test. For example, an employee who stops by their house along the way to the testing facility, fails to provide a sample without a valid medical reason, or offers a…

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Dec 05 2017
Drug and AlcoholSafety and Health

Think twice when conducting post-accident drug testing on employees

Our Answer: It could be risky if you don’t first assess whether the employee’s actions could have been a contributing factor in the accident. Regulations from the federal Occupational Safety and Health Administration (OSHA) say that a blanket or automatic rule which requires testing after every accident or injury will improperly discourage employees from reporting…

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Jun 15 2017
Drug and Alcohol

Positive drug tests on the rise

In a report released May 16, 2017, Quest Diagnostics revealed that American workplace drug testing has reached its highest positivity rate in 12 years. After analyzing more than ten million drug test results in 2016, Quest found that workers tested positive in 4.2 percent of all urine tests—a 5 percent jump from 2015 numbers. Notably,…

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May 05 2017
DisabilityDrug and AlcoholQ&A

Q&A: Is leave for jail time a reasonable accommodation for alcoholism?

Answer: No. The Americans with Disabilities Act (ADA) requires employers to reasonably accommodate a disability, such as alcoholism, but the ADA has a unique rule for bad behavior related to the use of alcohol or illegal drugs. Disability Rights and Alcohol Under the ADA, an employer “may hold an employee who engages in the illegal…

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Nov 10 2016
Drug and AlcoholEmployee BenefitsLabor Relations

Alert: 2016 ballot measures and election results will impact the workplace

CALIFORNIA: Voters approve recreational marijuana Californians voted to approve Proposition 64, the “Adult Use of Marijuana Act,” which legalizes the use of recreational marijuana in the state by individuals who are at least 21 years old. The new law protects individuals from criminal prosecution, but specifically preserves an employer’s right to enforce a drug-free workplace…

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Jul 07 2016
Drug and AlcoholSafety and Health

OSHA wants employers to change mandatory post-accident drug testing

Although the rule doesn’t ban post-accident testing—and OSHA even deems it reasonable “in some situations”—OSHA’s commentary says that automatic post-accident testing regardless of the nature of the accident is improper. OSHA recommends post-accident testing only if (1) there is a “reasonable possibility that drug use by the reporting employee was a contributing factor to the…

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Feb 08 2016
Drug and AlcoholQ&A

Marijuana in the workplace: Can we prohibit impairment?

A: Currently, unlike with alcohol, there is no reliable way for an employer to detect impairment of an employee using marijuana. As marijuana use becomes more widespread, there is a growing demand for reliable and effective ways to test impairment. A recent Oregon Public Broadcasting news article explains that a University of Washington lab is…

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