The need for drug testing has never been more crucial…and employer liability only increases as society becomes more casual in the acceptance of drug abuse.

Legalization

Now we may not be as laid back as our friends up north who are handing out free drugs to everyone, but more and more places in the US are legalizing drugs. The CDC reported in June 2020 that 13% of adults, age 18 and older, started or increased their substance use as a result of the pandemic. This means that 33.6 million adults began using illicit drugs to cope with emotions related to COVID-19. ODMAP, an overdose reporting system, found that 62% of US counties experienced increased drug overdoses due to the pandemic.

To keep your workplace safe, productive, and drug-free, knowing all your drug testing options is essential. Common drug test types include urine, saliva, and hair testing.

What Should I Test For?

It is essential to know which drugs to screen for. Some commonly abused drugs are:

• Narcotics: includes heroin, fentanyl, morphine, opium, methadone
• Depressants: includes benzodiazepines, barbiturates, methaqualone, quaaludes
• Stimulants: includes cocaine, amphetamines, methylphenidate, methamphetamine
• Hallucinogens: common “club drugs” such as ecstasy, LSD, phencyclidine
• Cannabis: includes marijuana, THC, hashish
• Synthetics: includes spice, bath salts, anabolic steroids

Types Of Testing Available

It is also essential to review your company policy to ensure all your drug testing needs are being met. Blueline offers many different testing options. Our most popular tests are:

• 5 Panel: includes amphetamines, cocaine, marijuana, opiates, and phencyclidine
• 7 Panel: consists of all 5-panel drugs, plus barbiturates and benzodiazepines
• 9 Panel: consists of all 7-panel drugs, plus barbiturates propoxyphene
• 10 Panel: includes all 9-panel drugs, plus methadone and methaqualone
• Popular Add-ons: tramadol, meperidine, fentanyl, spice, bath salts

Knowing which drugs to screen for can be tricky. Luckily, Blueline can help you navigate the right testing configuration for your organization and the proper drug testing policy catered specifically to your needs.

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But where does this leave employers? And where does the National Safety Council stand on marijuana use for employees?

The NSC released their current position on marijuana use with their most recent announcement, “At this time, NSC believes there is no level of cannabis use that is safe or acceptable for employees who work in safety sensitive positions.”

The National Safety Council has been a workplace safety advocate for more than 100 years, helping provide guidance for employers.

When asked what had influenced their position against marijuana use, they referenced a recent National Institute on Drug Abuse report that compared employees who tested negative for marijuana against employees who tested positive for marijuana. The report’s results found that employees who tested positive for the drug are:

-55% more likely to have industrial accidents
-85% more likely to be injured
-75% more likely to have absenteeism

In an October 2019 press release, Lorraine M. Martin, president and CEO of NSC, said, “Research clearly shows that cannabis impacts a person’s psychomotor skills and cognitive ability. In order to protect our employees and those around them, we need to acknowledge the impairing effects of cannabis. We urge employers to implement policies stating no amount of cannabis consumption is acceptable for those who work in safety-sensitive positions.”

Both the NSC and the Occupational and Environmental Medical Group have urged Congress to take worker safety into account when considering marijuana legalization. But things are still in flux, which is why the NSC’s position is so profound. It may help provide employers with some clarity and direction in the constantly changing world of marijuana legalization.

The post National Safety Council’s Position on Marijuana in the Workplace appeared first on Blueline.

1. Register your company at clearinghouse.fmcsa.dot.gov
   1. If you have a USDOT number, the clearinghouse will pull your company information from other relevant systems. Make sure to double check the accuracy of the information pulled.
   2. Assign others in your company to be assistants to help you manage the information provided through the clearinghouse.
2. Assign Blueline Services as your C/TPA (Consortium/Third Party Administrator).
3. Pre-purchase enough queries to cover your current DOT regulated employees.
   1. Queries never expire and additional can be purchased as needed.
4. Get your drivers to register at clearinghouse.fmcsa.dot.gov right away!
   1. A driver must register and give consent for his/her information to be accessible.  If they want to maintain a CDL, they HAVE to register on the clearinghouse site.  
   2. Drivers can monitor their information and dispute reported information directly on the site.

 
All employers with FMCSA regulated employees must register and use the clearinghouse. If drivers do not register, the consent will be sent by regular mail to the address on their CDL. This will delay employment and potential opportunities for drivers, so is in their best interest to register online.  Employers must query all new drivers before hire and all current drivers must be queried annually. The Clearinghouse is not yet integrated with other screening vendors/platforms, which means the queries need to be performed directly on the clearinghouse site. For the first three years (DOT requires a 3 year employment verification), Blueline can still provide the required employment verifications while the database catches up (year by year) to the requirement.  
 
We know change can cause heartburn, but this update is one that will be good for employers and overall industry safety. We encourage you to check out the excellent resources on the FAQ and Learning Center pages of the clearinghouse website https://clearinghouse.fmcsa.dot.gov/ . 
 
Thank you for your continued business, please reach out to us with any questions or implementation issues.  
 
Blueline Drug Testing Department
801-575-8378
mail@blueline-services.com 

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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.

They went on to outline different scenarios in which workplace drug testing is usually permissible, including:

• Random drug testing
• Drug testing under a state workers’ compensation law
• Drug testing under other federal law, such as a U.S. Department of Transportation rule
• Drug testing unrelated to the reporting of a work-related injury or illness

To read more of the memorandum check it out here. Blueline Services works to help keep you updated on any changing laws and statues around the country. If you have any questions regarding this memorandum or how a workplace drug testing incentive program could benefit your company, give us a call at 888-919-8378 or email us at mail@blueline-services.com.

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If you Google “how to pass a drug test”, there are blogs, videos, recipes, products and outrageous methods published on how to avoid getting that positive drug test result. We published an article a couple weeks ago about synthetic urine which seems to be an increasingly popular method for trying to cheat the system. However with our trusted lab partners here at Blueline Services, the system can’t be beat so easily. Yet time and time again these would-be-cheaters are surprised when their tests still yield positive results. So like our friends at Quest Diagnostics, we too have heard some of the following excuses:

• “Would having dreams about using meth activate the enzymes in my body that showed on the drug test?”
• “I was eating ‘generic brand’ of ice cream and it’s well known that they put THC in it.”
• “I was having sex with my boyfriend and he was high at the time. That’s how the cocaine got into my system.”
• “There’s no way I can be positive for marijuana. I only do cocaine.”
• “It must have been something I ate.”
• “I kissed my boyfriend after he smoked a joint.”
• “My dentist gave me something strong for a sore tooth.”
• “I ate a lot of poppy seed muffins for breakfast.”
• “I failed because of second-hand marijuana smoke.”
• “I take all-natural supplements and some ingredients aren’t listed.”
• “My mom has a valid prescription for that drug.”
• “Perhaps drugs are in the lotion or shampoo I use.”
• “I don’t know how that bottle of urine got in my purse.”
• “There must have been a mix-up with the specimens.”
• “Can I take a retest? I attended a party over the weekend but I don’t use often.”
• “My mom has cancer. I was making her mashed potatoes and the butter had THC in it. I had to keep trying the potatoes until it was how she liked it.”
• “My dog ate my cocaine and then licked my face.”
• “I was growing tomatoes next to marijuana plants in my garden. I only ate the tomatoes so they must have cross pollinated.”

If you’re experiencing issues with drug use or drug test cheating within your company. Here are a couple things that Quest recommended to help you alleviate those issues:

1. Always drug test at your company and have a testing policy in place. Habitual drug users will often avoid applying at companies who have a clear drug testing policy.
2. Consider oral fluid or hair drug tests. These methods are done with observed collections which make them more difficult to cheat.
3. Trust a reputable collection site. Trained professional collectors who thoroughly understand the drug testing process will help you avoid missteps or problems during the testing process.
4. Add specimen validity testing to your testing program. This additional level of testing is performed within the lab and can help ensure the integrity of urine test results by measuring pH, creatinine, and specific gravity, and screening for adulterants.

If you have any further questions on the drug testing process and how to avoid issues within your company, give us a call! We’d be happy to help. Also, if you have any good excuse stories of your own to share, send them to us at msmith@blueline-services.com

The post Excuses We Hear For Positive Drug Tests appeared first on Blueline.

Beginning July 1st 2018, another amendment to their lengthy drug testing law will be made effective. Recently signed legislation is lowering the breath alcohol testing standard for private employers from .04 grams of alcohol per 210 liters of breath to .02 grams per 210 liters of breath.

Because it is easy for employers to violate technical aspects of this drug testing law, it’s important to stay up-to-date on all drug testing legislation. You can view the newly amended legislation here along with all other Iowa legislation (drug testing law – Iowa Code section 730.5)

As a trusted partner Blueline Services strives to help you stay updated on all of the changing legislation within our industry. If you have any questions concerning your state’s specific laws feel free to contact us at: 888-919-8378.

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