A wrongful death suit was filed against Ford Motor Co. for failing to drug test an employee. A full-time employee of Ford collapsed at work and was brought to a hospital, where he later passed away. A toxicology report showed that this employee had marijuana, fentanyl, and alcohol in his system at the time of death. Ford Motor had a workplace drug policy, but they failed to implement it. The lack of supervision prompted employees to use drugs and alcohol while at work. The claim was filed stating that Ford was negligent with its workplace practices, which ultimately led to the death of this individual.

As the acceptance of illegal and recreational drug use rises throughout the US, the need for a firm workplace drug policy has never been more critical. Employers are held responsible for the actions of their employees while on the clock, especially when employers are willfully negligent of safety measures in the workplace and their own company policy. Choosing not to have a drug testing policy, or choosing to have one but not implementing it, can have serious negative consequences that may reflect poorly on your company.

Knowing what drugs to test for, what method to use, who and when to test, and how testing should be done can be confusing. Luckily, Blueline has you covered. Our experts can help you develop a workplace drug policy that is tailored to your organization’s every need.

The post LEARN FROM FORD MOTOR CO.’S DRUG TESTING MISTAKE 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.

For those DOT members who will be a part of the Clearinghouse, below is a timeline of upcoming events happening for the Clearinghouse that you should be aware of.

The Clearinghouse final rule was made back in December of 2016. This rule created a drug and alcohol clearinghouse for the DOT. It also identified the roles and responsibilities of those who will be required to use the Clearinghouse. You can see that final rule here.

Fall 2019: Registration Begins

This upcoming fall users will be able to create an account for the Clearinghouse that will give you access once the Clearinghouse becomes operational on January 6, 2020.

January 6, 2020: Clearinghouse Implementation Date

Mandatory use of the Clearinghouse to report and query information about driver and alcohol program violations will go into effect on this date. Employers will be required to conduct both electronic queries within the Clearinghouse and manual inquires with previous employers to cover the preceding three years.

January 6, 2023: Clearinghouse Three-Year Mark

Employers must query the Clearinghouse to satisfy the employer requirement to identify prospective drivers who have committed drug and alcohol program violations.

If you have any more questions regarding the DOT Clearinghouse and how it applies to you, check out the FMCSA’s information on the Clearinghouse here.

The post DOT Clearinghouse: Coming Soon! appeared first on Blueline.

Professor David Nutt, a psychiatrist and director of neuropsychopharmacology in the Division of Brain Sciences at Imperial College, London, set out to measure just that. He and his team worked on using statistical data to help them measure the potential for and consequences of using certain substances. In completing this research they helped answer an interesting question: What are the five most addictive substances in the world?

1. Heroin

Heroin was listed as the most addictive drug on their scale with a score of 3 out of 3. Heroin is an opiate that causes the level of dopamine in the brain’s reward system to increase by up to 200%. It’s also a very dangerous drug considering the fact that a lethal dose of heroin is only 5 times more than the dose required to get high. Heroin was also rated as the second most harmful drug in terms of damage to users and society within an estimated market of $68 billion dollars for illegal opiates worldwide.

2. Cocaine

Cocaine was listed as number two on their list of addictive substances for its ability to prevent neurons from turning off your brain’s dopamine signal. Dopamine can rise up to more than three times the normal level when on cocaine. In addition to those addicting side effects, it is also extremely dangerous as crack cocaine was listed as the third most damaging drug with powered cocaine ranking at fifth most damaging.

3. Nicotine

Nicotine is the main addictive ingredient in tobacco and was named number three on Nutt’s list. More than two-thirds of Americans who have tried smoking reported becoming dependent during their life. How dangerous is smoking? A 2002 study estimated that tobacco will kill more than 8 million people annually by 2030.

4. Barbiturates (“downers”)

Barbiturates, also known as downers, barbs, blue bullets, nembies, are a type of drug that were initially used to treat anxiety and induce sleep. However, they have long been abused for their ability to cause euphoria at low doses. These drugs can be extremely dangerous because at higher doses they can be lethal due to their ability to suppress breathing. Serious barbiturate abuse and dependence was common when these drugs were more easily available, but this number has seen a significant decline as prescriptions today are not as easily obtained.

5. Alcohol

Although it is legal in both the U.S. and U.K., alcohol scored number five on their list of addictive substances with a 1.9 out of 3 on their scale. In lab experiments they found that alcohol increased dopamine in the brain’s reward system by 40% to 360%. The more alcohol that was consumed, the higher the dopamine levels got. While it is a legal and commonly used substance, alcohol is still dangerous especially when consumed in large quantities. A study conducted by the World Health Organization estimated that 3 million people died in 2012 due to damage caused by drinking. It’s also estimated that 22% of people who have taken a drink will develop dependence on alcohol at some point in their life.

The post The 5 Most Addictive Substances In The World 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.

There has been little (if any) guidance for most employers. So tactics for handling this are all over the place, according to the Drug and Alcohol Testing Industry Association or DATIA.

Some employers are worried that trying to maintain a drug-free work policy might limit their pool of potential employees. While others are cracking down even more on their drug testing to avoid potential hazards in a new marijuana-friendly climate.

No matter your current thoughts or situation, one thing is certain: this issue affects us all.

The majority (60%) of the world’s illicit drugs are consumed by Americans. With more than 74 percent of all drug users being employed, that accounts for 12.9 million employed Americans. Two million use heroin, six million use cocaine, 18 million abuse alcohol and an impressive 23 million use marijuana at least four times a week (USDOL).

This means that even in a small business with as little as 15 employees, statistically at least one person is potentially struggling with substance abuse. (DATIA)

In a world with increasing amounts of fake news and with supporters arguing strongly from both sides, it’s important that we get the facts straight.

Can employees be tested and/or fired for using marijuana? Even if it is legal?

Yes. Even in states where recreational use is now permitted, all have exemptions for workplace drug policies. (AP)

You can still be drug tested for marijuana. And you can still be fired, or not hired for failing a drug test.

How can you be fired for something that is now legal?

Just as an employer can refuse to hire workers who smoke cigarettes or are alcoholics, the same idea applies to marijuana use.

Adam Winkler, a professor of constitutional law at UCLA, explained, “Employment in the United States is at will. This means employers can hire whoever they want, under any conditions they want, with a few exceptions.” (Mercury News)

These exceptions under federal law say that companies cannot discriminate based on gender, race, age, religion or disabilities, but marijuana is not one of those protected classes.

What are the difficulties of testing for marijuana?

Marijuana use can still show up in a drug test for days after it has been consumed. Unlike alcohol, there is no clear scientific standard to determine when someone is impaired by marijuana.

This makes it nearly impossible to know if a potential employee is currently high during the drug test, or used it a couple of days ago to relax on the weekend.

There are a number of efforts currently trying to develop something similar to the Breathalyzer test for alcohol, but for marijuana impairment. However, these are not available yet.

Do you still report the result as positive if they used it recreationally or medically?

Yes. Even though medical or recreational marijuana is now permitted by certain legislatures, it is not exempted under employer drug testing policies.

Several cases have gone to court on this matter, with most being decided in the employer’s favor. Because marijuana is still considered illegal under federal law, employers do not have to accommodate their employees’ medical marijuana use, even if it is during non-work hours.

However, as an employer you can also choose to accommodate off-hours medical marijuana use. Ultimately, the choice is up to you.

What are the dangers of marijuana use?

Despite what many have heard in the popular media surrounding marijuana legalization, marijuana use does cause serious side effects. Accurate and unbiased sources on this subject have been hard to come by with so many paid lobbying groups and fake news circling around.

Side effects of marijuana use, as listed by the National Institute on Drug Abuse, include: a negative impact on work performance and safety, increase in risk for injury, high potential for addiction, reduction in productivity, physiological signs of withdrawal, and dangers in the area of brain toxicity.

Jo McGuire, a DATIA board member, shared in a recent publication of DATIA focus magazine the story of a safety manager who exemplified just how costly a small work mishap can be for a company.

She recounts the story of a safety manager who was frustrated that a small ankle injury of an employee could end up costing around $6,000 in medical bills up front.

But to add to those bills he also had to consider: the lost work time of the employee, lost work time for the supervisor handling the off-site injury treatment, lost productivity, extra work stress load to those filling in the work gaps, hiring and training of a temporary employee and extra work for the safety manager to track, compile and maintain the injury claim.

In the end the actual cost this particular company had to forego to recoup from the entire ordeal was roughly $200,000. No small number.

A recent study by the National Institute of Drug Abuse also showed that illicit drug use cost the U.S. $193 billion dollars due to lost work productivity, crime, and health care in 2007. (NIDA)

Benefits of drug testing

Both pre-employment drug testing and routine tests to your current employees can provide serious short-term as well as long term benefits.

Some short-term benefits include:

• Fewer accidents/increased safety
• Decreased absenteeism, theft, and fraud
• Reduced monetary losses
• Ability to respond quickly when problems with drug abuse arise

Some long-term benefits:

• Decreased employee turnover
• Improved productivity and employee morale
• Reduced liability charges/cost of insurance claims
• Greater employee awareness about drug use policies and faster problem resolution
• (DOL & IHSN)

Here at Blueline Services we’re here to give you the most comprehensive and accurate drug testing and background checking at the best prices. Click on the link below to run a free demo to see just how we can streamline your screening services and save you money.

https://bluelineservices.com/drug-testing/

The post How marijuana is affecting your workplace appeared first on Blueline.

If they are, it looks like you’re not alone. A study conducted in 2014 found that nearly 1 in 10 Americans were showing up to work high on marijuana.

Most work places have a zero-tolerance drug policy. And for good reason too.

Ever wondered what a brain high on marijuana looks like?

The video found above from life hacker does a pretty good job at laying it out clearly.

Given the effects it has on the brain, having routine company drug testing doesn’t seem like all that bad of an idea.

Having a drug-free work environment has helped employers see a decrease in workplace accidents, employee mistakes, absenteeism, employee turnover, and in their workers’ compensation claims. Other benefits are less tangible, such as improved workplace environment, employee morale and customer satisfaction.

Check out our links above to see our special comprehensive background checking packages. Or give us a call at: 888-919-8378

We’ve got you covered because we want your workplace to run as effectively as you do.

The post #Happy420: Here’s your brain on marijuana appeared first on Blueline.