Issue link: http://palletcentral.uberflip.com/i/522141
26 PalletCentral • May-June 2015 palletcentral.com is using a 5 nanogram result for marijuana as a threshold for impaired driving. The Department of Transportation, however, uses anything below 20 nanograms as a "negative" test for CDL drivers. To avoid a flood of positive tests, some employers in states where marijuana is legal have gone to a 50 nanogram cutoff. Regardless of which state covers the employer or CDL driver, the federal DOT rules will apply to covered drivers. DOT publishes rules on who must conduct drug and alcohol tests, and these are codified at 49 CFR Parts 40 and 382. Required DOT tests include pre-employment/pre-duty, reasonable suspicion, random, post- accident, and return to duty. See www.dot.gov/ost/dapc/odapc_ faq.html for answers to common questions. Although most companies still use urine tests, some have gotten away from that because of the growing market of products that help employees to evade testing positive. Hair tests are rising in popularity, but they do not capture use within the previous two weeks. There are challenges to setting up a program, particularly if you also employ CDL drivers who are subject to the unique DOT testing and programmatic requirements. Moreover, it may require a cultural change to educate both laborers and supervisors on the importance of the program. Too often, workers cover up the impaired actions of their colleagues because of a reluctance to "narc" on buddies. If management is not notified and the individual is permitted to leave a work site, liability may result in the event of an accident. Companies must make it clear that confidentiality of "whistleblowers" will be protected, as well as the identities of those who come forward to seek help voluntarily. Be cautious if you have an existing program that refers to tests for "illegal drugs" rather than listing what drugs you will test for, because if marijuana is "legal" in some way in your state, you could be barred from testing for it if you inform employees that only "illegal" drugs will be the subject of tests. Many states set mandatory procedural requirements for employers who subject employees or applicants to drug testing, SAFETY If marijuana is "legal" in some way in your state, you could be barred from testing for it if you inform employees that only "illegal" drugs will be the subject of tests.