Issue link: http://palletcentral.uberflip.com/i/1161332
Nor was this finding an anomaly: the strength increased over time, with mature medical marijuana law states (5 or more years legal) experiencing a 33.7 percent reduction in the expected number of workplace fatalities. In federal news, the Congressional Research Service (CRS) has issued a report showing that the presence of THC in the blood is not a consistent predictor of either driver impairment or performance. Researchers wrote: "Studies have been unable to consistently correlate levels of marijuana consumption, or THC in a person's body, and levels of impairment. Thus some researchers, and the National Highway Traffic Safety Administration, have observed that using a measure of THC as evidence of a driver's impairment is not supported by scientific evidence to date." The CRS further stated that data are conflicting as to whether cannabis use plays a role in traffic accidents, consistent with prior NHTSA studies. Six states now impose various per se THC limits (IL, MT, NV, OH, PA and WA) for impaired driving, while 10 states impose zero tolerance per se standards (AZ, DE, GA, IN, IA, MI, OK, RI, SD, UT). Colorado infers impairment at 5 ng/ml. Another issue confronting employers is the proper cut-off level for THC used for testing. Other than where prescribed by law (e.g., for Commercial Drivers under federal DOT laws), or by contract, there is no requirement for employers to test for marijuana – much less is there a gold standard for the correct cutoff level or for gauging actual impairment versus recent use (within past 24+ hours). Too low a cutoff, or confirmatory level, and you may capture individuals as "positive" who have not used marijuana in days and have no psychoactive impairment. This can have consequences, of course, if the test is conducted post-accident (where worker's compensation coverage may be denied by the insurance company) or when it is used to terminate employment. In a recent accident case, the employee tested negative at the 50 nanogram threshold but positive at the 15 nanogram confirmatory level used by the employer. As a result, his employment was terminated notwithstanding his outstanding worker's comp claim. Another confounding factor is the growing popularity of (legal) use of CBD, a derivative of the hemp plant, which can be sold over the counter or internet for pain relief, insomnia, and a variety of other purported health claims. It is also increasingly being infused into foods and even coffee. The problem is, legally CBD oils or products can contain up to 0.3% THC. This is a level that will not cause any impairment or create safety issues. However, the federal Food & Drug Administration (FDA) has yet to regulate CBD – palletcentral.com PalletCentral • July-August 2019 13 iStockphoto.com/monticelllo/rezkrr