Workplace Injuries are Climbing

Manufacturing, construction, and transportation sectors tend to have higher rates of injury than most due to the industries’ nature. As a result of accidents happening at work, the employee and the employer face challenging times ahead.

The loss of salary, time, and increased healthcare expenses all contribute to the stress and worry of dealing with injuries. While several things can cause workplace accidents, drug and alcohol usage is a rising factor in on the job accidents.

Positive Tests on the Rise

An analysis from the Quest Diagnostics Drug Testing Index shows a significant increase in positive tests over the last five years. The number of people working under the influence of drugs and alcohol is on the rise as well. The safety-sensitive workforce is experiencing the highest levels of post-accident positivity rates as measured by the Department of Health and Human Services (HHS).

Drug Testing Programs

Drug testing programs can help an employer’s lower workplace accidents and injuries. Pre-employment drug testing is a great way to keep potential users from even applying for the job. Focusing on workplace safety initiatives within your company should include a drug testing policy. It will show prospective employees that you care about the health and well-being of all the employees.

There are several positive reasons to implement a testing program. The most important reason is the safety of your employees.  A safe workforce is a productive one.

The post Workplace Injuries On The Rise appeared first on Blueline.

Positive Tests From Marijuana Use

In the US workforce, positive tests are on the rise, with an increase of 29% since 2015. The continued increase year over year is telling of wider distribution and availability of the drug, leaving employers struggling to meet federal guidelines and not violate state legislation.

Why should there be a concern about using marijuana? Since it isn’t legal on the federal level, the FDA doesn’t regulate it. Products have no central oversight to ensure safety. There are different guidelines in different states, making the overall manufacturing and distribution largely up to the distributors.

Unwanted Side-Effects

Marijuana use can be a serious safety concern within the construction, manufacturing, and transportation industries. With continued use, marijuana can cause several long-term side-effects that can negatively impact the workplace.  Using the drug can cause mental health issues such as depression, paranoia, psychosis, and several other problems. Users also run the risk of addiction and the deterioration of essential brain functions. All of these side effects can cause workplace issues.

The state legislature sets the rules about testing. When going through the testing process, we can help navigate this tricky subject and make your drug testing program meet the requirements placed on you by the state.

The post Marijuana Use is Way Up, Testing Shows appeared first on Blueline.

Vaping and nicotine also doubled between 2017 and 2018 among college students. This study found that 43% of full-time college students (ages 19-22) reported using marijuana at least once in the past year. With twenty-five percent reported having used marijuana in the past 30 days.

Same-age high school graduates that aren’t full-time college students also showed similar trends with a respective 43% and 27% being at their highest rates since the 1980s.

While these rates may not seem that surprising considering the recent changes in marijuana legislation, that doesn’t make them less worrisome. John Schulenberg, the principal investigator of the Monitoring the Future Panel study said, “The brain is still growing in the early 20s, and as the Surgeon General just reported, the scientific evidence indicates that heavy marijuana use can be detrimental to cognitive functioning and mental health.”

“Getting a foothold on the roles and responsibilities of adulthood may be all the more difficult for these 1-in-9 non-college youth who use marijuana on a daily or near-daily basis. As for college students, we know from our research and that of others that heavy marijuana use is associated with poor academic performance and dropping out of college.”

The post Marijuana Use Highest In 35 Years Among U.S. College Students appeared first on Blueline.

Q: What is marijuana?
A: Marijuana is the product of the hemp plant, Cannabis sativa, containing the psychoactive chemical delta-9-tetrahydrocannabinol (THC) and other related compounds. Popular names or bslang for the drug include weed, pot, or cannabis.

Q: How do people use marijuana?
A: Marijuana is typically smoked using rolled paper cigarettes (joints), pipes, water pipes (bongs), and vaporizers. However, the drug is also mixed into edibles and drinks and extracted into oils and waxes.

Q: How does marijuana affect users?
A: Marijuana use impacts the human body both physically and mentally. The “high” from the drug can include distorted senses, impaired judgment, lack of balance and coordination, increased appetite, elevated heart rate, and sometimes anxiety and panic.

Q: How many people use marijuana?
A: Below is the most current data estimating marijuana use.
-The National Survey on Drug Use and Health (NSDUH) reports more than 26 million Americans aged 12 or older, or 9.6% of the total population, were current users of marijuana in 2017.
-The World Drug Report 2019 estimates that there were 188 million global cannabis users in 2017.
-Marijuana comprised the most common substance use disorder, impacting an estimated 4.1 million Americans in 2017, according to the NSDUH.

Q: Can an employer drug test for marijuana?
A: Yes. There are currently no restrictions (other than New York City which is expected to implement restrictions beginning in May 2020) limiting an employer’s ability to drug test for marijuana, although there may be limitations on permissible disciplinary action that an employer may take if an employee is using marijuana in accordance with that state’s marijuana
laws. In general, state medical and recreational use statutes impact only a very small number of employees in most workplaces. Today, more than 97.6% of all non-regulated drug tests include marijuana in their panel (according to Quest Diagnostics).

Q: What is the marijuana positivity rate for workplace drug tests?
A: The latest Quest Diagnostics Drug Testing Index ™ reported that marijuana continues to top the list of the most commonly detected illicit substances across all workforce categories (general U.S. workforce; federally mandated, safety-sensitive workforce; and the combined U.S.
workforce, which includes the prior two populations) and all specimen types (urine, oral fluid, and hair).

Q: How is marijuana classified under Federal law?
A: Under Federal law, marijuana remains classified as a Schedule I drug under the Controlled Substances Act (CSA) and is illegal for any purpose. Drugs classified under Schedule I are defined as dangerous with a potential for severe psychological or physical dependence and are considered to have a “high potential for abuse” with “no currently accepted medical value.”

Q: How is marijuana classified under state law?
A: Despite its status under Federal law, states continue to pass legislation regarding permissible uses of marijuana for both medical and recreational purposes. State marijuana laws are inconsistent and constantly changing. Among other things, these state laws can impact company drug testing policies and procedures, workplace drug testing program administration, and how drug test results are reviewed and handled. As of August 2019:
-33 states and Washington, D.C. have medical marijuana laws
-11 states and Washington, D.C. with medical marijuana have also passed recreational use laws
-14 other states have low THC/high cannabidiol (CBD) laws for medical purposes

Q: How can states continue to pass medical and recreational marijuana legislation if marijuana is illegal under Federal law?
A: Even though marijuana is illegal for any purpose under the CSA, the enforcement of the CSA is within the discretion of the federal government. During the Obama administration, federal agencies, including specifically the Department of Justice, de- prioritized marijuana enforcement in states with medical marijuana laws through policy guidance. Congress has also previously passed statutory budget amendments to limit federal agency enforcement initiatives that interfere with state medical marijuana laws.

Q: How do state laws influence marijuana use in the workplace?
A: The extent of employment protections are afforded to employees in states that have passed marijuana legislation varies widely from state to state. Currently, employees protections fall broadly into four general categories:
1. States with no employee protection.
2. States likely providing no employee protections
3. States with explicit employee protections
4. States with unclear employee protections

Q: If an employee tests positive for marijuana/marijuana metabolites on an employment-related drug test, does that mean the employee is ‘impaired?’
A: No, a positive workplace drug test alone does not equate to impairment. While employment policies often prohibit employees from using drugs or being impaired at the worksite or during work hours, there is currently no drug workforce test (excluding alcohol tests measuring blood alcohol concentration) that can inform an employer as to whether an employee is ‘impaired’ based on the concentration (level) of drugs/metabolites present in a donor specimen. Some state laws explicitly address what can and cannot be considered for determining whether an employee is ‘impaired’ by marijuana, but most do not. Proper guidance and training of employees and supervisors to recognize objective, observable behavior and other symptoms related to drug use are critical for making impairment and reasonable suspicion drug testing determinations.
-Note: Only a handful of states have defined impairment due to marijuana use as it relates to operating a motor vehicle and those levels in blood vary. Currently, there is no consensus on what the standard of impairment is for marijuana.

Q: What are some important considerations in a company policy for marijuana?
A: It is imperative that employers maintain clearly written, and consistently applied, workplace drug testing policies that comply with all applicable laws. Drafting and implementing a written workplace drug testing policy should be undertaken only after consultation with an attorney knowledgeable of the applicable laws.

Q: What are some common misperceptions about marijuana?
A: Common misconceptions about marijuana include that the substance is harmless, not addictive, and lacks long-term effects.

Q: Is all marijuana the same?
A: No. Marijuana has various strains and hybrids, with varying THC levels (i.e. potency). It is grown under varying conditions and is sold in nonstandard amounts at marijuana dispensaries. According to the National Institute on Drug Abuse (NIDA), today’s THC concentrations in marijuana average close to 15% compared to approximately 4% in the marijuana of the 1980s.

Q: Is medical marijuana safe?
A: While the Food and Drug Administration (FDA) has approved several synthetic THC and CBD drugs for use in chemo-induced nausea and epilepsy treatments. Marijuana remains illegal at the Federal level and the FDA has not approved it as a safe and effective drug.

Q: What is the standard dose of marijuana used medicinally?
A: There are no standard safety or efficacy requirements for medical marijuana because the “U.S. Food and Drug Administration has not approved a marketing application for marijuana for any indication.” In those states with medical marijuana statutes, physicians or other authorized providers may provide a “recommendation” of medical marijuana use, but may not legally “prescribe” marijuana. Synthetic THC (e.g., dronabinol capsule) can be prescribed and is dispensed based on recommended dosing guidelines and the physician’s judgment.

Q: Can someone taking cannabidiol (CBD) test positive on a drug test?
A: Maybe. In laboratory testing, CBD itself would not be confused with THC or its metabolites that laboratories typically test for in a workforce drug test. If the CBD product contains THC at a sufficiently high concentration, it is possible, depending on usage patterns, that the use of these products could cause a positive drug test result for marijuana and/or its metabolites. For example, in two states, CBD may contain up to 5% THC. It is important to remember that for federally-mandated drug tests, the use of CBD or “medical marijuana” would not be considered an alternative medical explanation for a positive drug test result.

Q: Can secondhand marijuana smoke render a positive drug test?
A: There are no published, peer-reviewed studies to date that indicate, even with today’s increased concentrations of THC in marijuana, that someone would test positive due to ‘passive’ or ‘incidental’ exposure at events such as parties or concerts.” The National Institute on Drug Abuse (NIDA) concurs, reporting that it unlikely that secondhand marijuana smoke could give someone a contact high after examining research that measured factors such as drug potency, hours of exposure, and room ventilation.

The post Marijuana: Frequently Asked Questions appeared first on Blueline.

Along with CBD oil’s newfound popularity, however, a new onslaught of legal and best practice questions have emerged for employers.

Will CBD products impair my employees or endanger my workplace? If an employee or applicant tests positive on a drug test and blames it on CBD, what should we do? Should we allow CBD products in a zero-tolerance workplace?

Understanding CBD and THC

Before diving into these questions, it’s important to understand the different kinds of CBD products there are on the market and how THC may play a role in them.

THC is the main psychoactive ingredient in cannabis and what causes most of the mind-altering or “high” effects of the plant. It is also usually present to a small degree in most CBD products. The amount of THC in CBD products can vary based on the manufacturer, product, and what variety of cannabis the CBD was derived from.

CBD can be extracted from both hemp and marijuana. Hemp and marijuana are both varieties of the cannabis plant. However, hemp is a variety that contains considerably less THC concentration than the marijuana strain—usually less than 0.3 percent.

Recent federal legislation has removed hemp and hemp-derived products (including CBD) from Schedule I of the Controlled Substances Act. This means that hemp and hemp-derived products are no longer considered to have “no.. accepted medical use and high potential for abuse” by the federal government. A 2015 NIH paper also said that although much about the CBD is still unknown, they believed that CBD use wouldn’t impair employees.

That being said, some CBD products are derived from marijuana (instead of hemp) and have higher levels of THC. Additionally, a study was performed in 2017 and found that nearly seven in ten CBD products do not contain the amount of THC advertised—meaning that users can be getting more than they bargained for. CBD products are not regulated, so as a user it can be hard to find assurance that your product is exactly what you believe it to be.

Current State Legislation on CBD

Fourteen states currently have a legalized CBD oil program with most of those programs requiring that the CBD be extracted from hemp and contain less than 1% THC.

Below is a chart that outlines the current states with CBD oil programs. This chart was shared in OraSure Technologies’ newsletter What’s the Buzz – you can find more in that article here.

Employment And CBD

So what can you do as an employer?

The Society for Human Resource Management (SHRM) recently discussed some of the complications that cannabis oil presents for drug testing.

“If an employee is taking CBD or cannabis oil… in accordance with a state’s medical marijuana laws, there may be some state law protections for the employee. Otherwise, employers with zero-tolerance drug policies are free to discipline employees for failing drug testing, even if the ingestion of THC was inadvertent.”

You probably won’t be able to tell whether a positive test for THC was caused by the use of CBD or cannabis oil rather than marijuana use. However, you can look for other signs of impairment such as red eyes and delayed reaction times and make sure that your supervisors are trained to recognize and handle drug impairment symptoms. If someone does test positive for THC, it may be best practice to have a conversation with that person first to see if they have a reason for the positive test.

Ultimately, most of the decisions are up to you as the employer. Whether or not you decide to take adverse employment action should depend on the applicable state laws and the nature of the individual’s job. Disciplinary action for a positive THC test, even if it were due to the use of cannabis oil, are likely to be justified if it is a federal or safety-sensitive position.

The post CBD Oil: What Employers Should Know appeared first on Blueline.

However, many people are unaware of another serious danger that is out on the roads as well: drug-impaired driving.

Unlike drunk driving, limited research is available about drug-impaired driving. But it is something that companies, law enforcement, and the National Highway Traffic Safety Administration (NHTSA) are working on improving.

The NHTSA has been gathering and publishing research about the impact of drug-impaired driving over the past couple of years. The most recent findings have shown:

-Approximately 12.8 million Americans ages 16 and older self-reported that they drove under the influence of drugs in 2017
-Around 20% of surveyed drivers test positive for potentially impairing drugs
-Weekend evenings from 10 PM until midnight and 1 to 3 AM have shown to have a higher percentage of drug-impaired drivers on the road
-The number of drivers who tested positive for marijuana increased 48% from 2007 to 2014

Changes in marijuana’s legalization coupled with a gap in education have led some individuals to underestimate or not fully understand the serious danger that driving while high can pose.

It is so important that we continue to emphasize the importance of not driving high. Data has shown that driving after ingesting or smoking marijuana does interfere with psychomotor function and a driver’s ability to multitask.

A report from the Governors Highway Safety Association concluded that “the best overall estimate of marijuana’s effect on crash risk in general is an increase of 25-35%”. And the Rocky Mountain High Intensity Drug Trafficking Area report found that since marijuana was legalized in Colorado, marijuana-related traffic deaths have increased by 151% along with general state-wide traffic deaths increasing by 35%.

When the Colorado Department of Transportation then conducted their own survey of 11,000 individuals, they found that 69% admitted to driving high at least once during the past year.

Law enforcement officers are continuing to be educated to better recognize and understand the signs of drugged driving. In the meantime, it is imperative that we help keep our roads safe.

If you are an employer and want to ensure that your employed drivers are maintaining a drug-free driving environment, please contact our drug testing department at mail@blueline-services.com.

The post Drug Impaired Drivers On Our Roads appeared first on Blueline.

There are some exceptions to this new ruling. The ban will not apply to firefighters, EMTs, employees who operate motor vehicles, work for the federal government or who are involved in other safety sensitive positions as determined by their employer.

To see the exact details and exceptions to this bill, you can view the bill in its entiretyhere.

“As our legal cannabis industry continues to flourish, it’s important to ensure the door of economic opportunity remains open for all Nevadans,” Governor Sisolak said in a statement. “That’s why I was proud to sign AB 132 into law.”

Nevada employers will still be able to administer pre-employment screenings for other drugs, but positive cannabis screenings will no longer be able cause for not hiring an applicant.

This new legislation is intended to help protect discrimination against those who are lawfully using marijuana, as recreational marijuana was legalized in Nevada in 2017.

If you are located in Nevada or hire within Nevada and have further questions, please don’t hesitate to reach out to our drug testing team.

The post Nevada Bans Employers From Refusing To Hire Applicants Who Fail Marijuana Tests appeared first on Blueline.

What Are The Pros For Removing Marijuana From My Testing Panel?

The biggest advantage to removing marijuana from your testing panel is the ability to hire more employees. Removing marijuana from your panel will expand your hiring pool, allowing you to hire those who use marijuana either recreationally or medicinally.

I Thought I Had To Remove Marijuana From My Testing Panel?

This is a hot topic of conversation as many states have altered their specific state laws regarding cannabis over the past few years. Under federal law, marijuana is technically still classified as an illegal and Schedule I substance. And while some state laws have changed regarding whether or not marijuana can be used medicinally or recreationally, it’s important to note that rules governing marijuana and the workplace have not changed in most states. However, some states have put more defined rules into place regarding testing for marijuana. Please make sure you are familiar with your specific state laws regarding employment drug testing!

But as an employer, you can most likely exercise your right to a drug-free workplace.

Talk with your legal team or look more deeply into your state laws and employer guidelines to know what specific restrictions may apply to you and your company.

How Do I Know If I Should Remove Marijuana From My Testing Panel?

This decision is ultimately up to each employer based on what they think would be best for their company (or what specific laws they need to follow). Different factors to consider may include: your company location, the type of work your employees will be performing (safety sensitive or federally mandated positions require a drug-free workplace), and the attitude you wish to establish within your company concerning drug use.

I Need To Start A Drug Testing Program, How Do I Do That?

Great! Having a drug testing program in place is extremely beneficial to any company. It can help protect you from liability issues and ensure a safe work environment. If you’re choosing to not test for marijuana, there is a long list of other drugs and substances that can still be tested for. There are two main things you need to do to establish a drug testing program:

1. One is creating a written policy that clearly outlines your program and expectations. Doing this will allow you to hold employees accountable to your policy. We suggest consulting your legal team as to what to include in your specific policy, but some things to consider include: employer expectations regarding drug use, training for supervisors on signs and symptoms of drug abuse, outlining roles, providing education for employees on the dangers of drug use, and establishing an Employee Assistance Program that provides counseling or referrals for employees who struggle with drug problems.
2. The second thing you need to do is connect with a Third Party Administrator (TPA) who can help you manage and administer your drug tests—whether your program includes pre-employment, random, or reasonable suspicion drug testing. As a comprehensive screening provider, Blueline Services also acts as a TPA and we can help you establish your testing program. Give us a call at the number listed above or email us at mail@blueline-services.com to find out more about the services we offer.

The post Marijuana Is A Thing Now – So Why Should You Still Test For It? appeared first on Blueline.

Last month, a federal court in Connecticut ruled that refusing to hire a medical marijuana user after they tested positive during a pre-employment drug screening is a violation of the state’s medical marijuana law.

This is the first ruling of its kind in a federal case, following other similar recent rulings in state courts (Massachusetts and Rhode Island) that have been in favor of protecting marijuana users. Previous rulings, such as those in California, Colorado, Oregon and Washington, have sided against medical cannabis users in employment cases.

In this latest case, Noffsinger v. SSC NIANTIC OPERATING COMPANY, LLC, Katelin Noffsinger had been offered and accepted a job as a recreation therapy director at a nursing home, contingent on her passing a drug test. After the drug test came back positive for THC, the nursing home rescinded the job offer, worried that hiring her would cause them to lose their funding as a federal contractor.

The nursing home was following federal law that still states marijuana use is illegal, whether for medicinal or recreational purposes. However, the Connecticut Palliative Use of Marijuana Act (PUMA) gives a private right of action to aggrieved medical marijuana patients in Connecticut.

In his ruling, U.S. District Judge Jeffrey Meyer said that the federal Drug Free Workplace Act does not prohibit federal contractors from employing people who use medical marijuana outside the workplace in accordance with state law.

This case is a good reminder for employers to not only refer to federal laws regarding marijuana, but to also look at state law prior to making any employment decisions or drafting employment policies. Laws concerning marijuana have been changing consistently over the past few years so it’s more important than ever to stay up-to-date with your state’s specific laws.

The post New Federal Court Ruling On Medical Marijuana Use Favors Employees appeared first on Blueline.

Hound Labs Inc, the California company who is developing this pioneering product, announced their hopeful release and claims that this new breathalyzer will be “1 billion times more sensitive than today’s alcohol breathalyzers”.

The new product is said to be “hypersensitive” to THC – the psychoactive ingredient in marijuana – and is meant to help make roads safer and hold drivers more accountable.

Hound Labs has been testing the Hound® marijuana and alcohol breathalyzer for more than three years and has found that the new device is able to detect THC for 2-3 hours after use (previously deemed the peak impairment window by global researchers).

Currently, the only way to test drivers who appear to under the influence of marijuana is with field sobriety tests which are not always reliable. While blood or urine samples can also be taken to help determine sobriety, these test are only able to determine if a driver was high that day or week instead of at the time they were operating the vehicle.

The need for a device able to detect current or peak impairment in drivers who are potentially under the influence is becoming increasingly apparent. Recreational weed is now legal in 9 states with pending legislation in others. And a survey performed last year by the Colorado Department of Transportation found that almost 70 percent of cannabis users drove high at least once in the past year with 27 percent stating they drive high almost everyday.

It’s still not certain when or if this new breathalyzer will release and where. But Hound Labs said that they hope their breathalyzer will allow “law enforcement and employers to fairly address the safety concerns associated with marijuana impairment without unjustly accusing individuals who legally and responsibly use cannabis.”

The post New Marijuana Breathalyzer Aims To Catch High Drivers appeared first on Blueline.