Can truck drivers use CBD? All you need to know about cannabis, hemp, testing and the clearinghouse
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The Office of Drug and Alcohol Policy and Compliance is issuing a Statement of Enforcement Discretion for Substance Abuse Professionals (SAP) that is effective January 1, 2023. The document authorizes SAPs to conduct remote assessments and evaluations for employees with drug and alcohol violations.
You can view the guidance document at https://www.transportation.gov/odapc/statement_of_enforcement_discretion_SAPs
• Register for the Clearinghouse.
• Conduct queries on all potential new hires, and at least annually on all current employees who perform safety-sensitive functions, such as operate a commercial motor vehicle.
• Report driver violations (positive alcohol tests, test refusals not reported by a medical review officer [MRO], and actual knowledge of violations).
Drivers must be registered in the Clearinghouse, with a verified CDL number, to respond to employer consent requests. They can also view their own Clearinghouse record at any time.
CDL drivers who operate under their own authority (often called “owner-operators,” typically a single-driver operation) must register as an employer and designate a consortium/third-party administrator (C/TPA) in the Clearinghouse. Owner-operators can also add their CDL information to add a driver role, which allows them to respond to query consent requests from their C/TPA.
• Driver Brochure
• Employer Brochure
• Owner-Operator Brochure
For more information, including step-by-step instructions on how to register and more, visit the Clearinghouse Learning Center.
VISIT THE CLEARINGHOUSE LEARNING CENTER →
Questions? Browse frequently asked questions or contact the Clearinghouse Team.
AADT Moving Lab Testing to Alere Tox Labs/eScreen
Adopting a Paperless Environment Requires Some Client Support
Due to continued industry consolidation, FMCSA’s push to move to paperless chain-of-custody forms and the effects of the COVID-19 pandemic, AADT has decide to partner with industry leaders Alere Toxicology (lab work), eScreen (collection site mgt.) and eScreen/Cynergy P.A. (MRO services).
When scheduling a pre-employment or random drug test, AADT clients will need to utilize a new convenient test scheduling portal on the AADT Online website. Here are the easy to follow instructions to schedule a drug test..
For clients who have not yet set-up an AADT Online account, we will be helping you to facilitate this. We are providing all unenrolled clients with a (temporary) User Name and Password that you can change at any time. This information will be sent via direct email, text and a mailing. If you have any questions, please feel free to call at (909) 982-8409, text us at (909) 533-9833, or email us at cs@aadrugtesting.com.
Thank you for your support.
AADT Staff
Effective June 5, 2020, and ends September 30, 2020
On June 5, FMCSA released a “Grant of Waiver”, saying, “As employers begin to recall drivers who were furloughed, laid off, or otherwise not working for the company for more than 30 days, the cost and logistical barriers of testing a large influx of drivers in a short timeframe are significant, at a time when the commercial trucking and motorcoach industry is facing unprecedented economic challenges. This problem is further compounded by the reduced availability of controlled substances testing resources due to continued facility closures or other testing impediments caused by the COVID-19 public health emergency.”
FMCSA also noted that, “This waiver would extend, from 30 days to 90 days, the period under which drivers would qualify for the pre-employment testing exception under 49 CFR 382.301(b). This relief would allow employers to forego pre-employment testing for drivers who have participated in a controlled substances testing program that meets the requirements of 49 CFR part 382 within the previous 90 days of hire or rehire. Allowing employers to forego pre-employment testing for drivers who were in a testing program within the previous 90 days will provide relief from the administrative burdens and costs associated with administering tests and allow them to return drivers to the workforce in a more efficient manner, thus promoting job creation and economic growth.”
The FMCSA’s waiver also clarified that, “It is important to note that this waiver does not alter any of the remaining controlled substances and alcohol use and testing requirements for a driver performing safety-sensitive functions, and that motor carrier employers subject to the waiver have access, in real time, to driver-specific drug and alcohol violation information through the Drug and Alcohol Clearinghouse (Clearinghouse).”
According to WSTA legal counsel, “The waiver appears to apply to both re-hires and new hires, provided they were in a program within the past 90 days.” Also, “The waiver clarifies that it “would extend, from 30 days to 90 days, the period under which drivers would qualify for the pre-employment testing exception under 49 CFR 382.301(b). This relief would allow employers to forego pre-employment testing for drivers who have participated in a controlled substances testing program that meets the requirements of 49 CFR part 382 within the previous 90 days of hire or rehire.” See 49 CFR 382.301(b) and (c).
This is a reasonable regulatory response to the pandemic and the subsequent return to work process the nation and its transportation companies and their employee drivers are presently experiencing. We suggest that for all employee drivers subject to the waiver, that the company add this document with the rehire dates on or after June 5, and insert it into the employee files noting that the preemployment drug test was waived.
For more details, visit the FMCSA web page https://www.fmcsa.dot.gov/emergency/three-month-waiver-response-economic-consequences-covid-19-public-health-emergency
To review the entire waiver click here:
(from https://content.govdelivery.com/accounts/USDOT/bulletins/27bd19f)
DOT OFFICE OF DRUG AND ALCOHOL POLICY AND COMPLIANCE NOTICE
The Agricultural Improvement Act of 2018, Pub. L. 115-334, (Farm Bill) removed hemp from the definition of marijuana under the Controlled Substances Act. Under the Farm Bill, hemp-derived products containing a concentration of up to 0.3% tetrahydrocannabinol (THC) are not controlled substances. THC is the primary psychoactive component of marijuana. Any product, including “Cannabidiol” (CBD) products, with a concentration of more than 0.3% THC remains classified as marijuana, a Schedule I drug under the Controlled Substances Act.
We have had inquiries about whether the Department of Transportation-regulated safety-sensitive employees can use CBD products. Safety-sensitive employees who are subject to drug testing specified under 49 CFR part 40 (Part 40) include: pilots, school bus drivers, truck drivers, train engineers, transit vehicle operators, aircraft maintenance personnel, fire-armed transit security personnel, ship captains, and pipeline emergency response personnel, among others.
It is important for all employers and safety-sensitive employees to know:
It remains unacceptable for any safety-sensitive employee subject to the Department of Transportation’s drug testing regulations to use marijuana. Since the use of CBD products could lead to a positive drug test result, Department of Transportation-regulated safety-sensitive employees should exercise caution when considering whether to use CBD products.
The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. This policy and compliance notice is not legally binding in its own right and will not be relied upon by the Department as a separate basis for affirmative enforcement action or other administrative penalty. Conformity with this policy and compliance notice is voluntary only and nonconformity will not affect rights and obligations under existing statutes and regulations. Safety-sensitive employees must continue to comply with the underlying regulatory requirements for drug testing, specified at 49 CFR part 40.
February 18, 2020
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[i]* What You Need to Know (And What We’re Working to Find Out) About Products Containing Cannabis or Cannabis-derived Compounds, Including CBD: The FDA is working to answer questions about the science, safety, and quality of products containing cannabis and cannabis-derived compounds, particularly CBD.” https://www.fda.gov/consumers/consumer-updates/what-you-need-know-and-what-were-working-find-out-about-products-containing-cannabis-or-cannabis
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