These guidelines will allow federal executive branch agencies to collect and test oral fluid specimen as a part of their drug testing programs.

The OFMG will be effective starting January 1st 2020. However, federal agencies will not be able to conduct oral fluid drug testing of federal employees until HHS has approved laboratories for oral fluid drug testing in accordance with the OFMG.

These guidelines may also be used by agencies such as the Department of Transportation (DOT) and Nuclear Regulatory Commission (NRC) as part of their regulated drug testing programs, but these agencies must engage in separate rule-making activities.

This is the first time since 1986 that a specimen other than urine will be able to be used in the federal agency testing programs.

Some important things to take note of with these new changes:

-The specimen collection, laboratory analysis, and medical review of oral fluid tests will mirror existing procedures and processes currently in place for urine drug testing.
-Laboratories must be approved by the HHS National Laboratory Certification Program for oral fluid drug testing. Requirements for approval will largely mirror those currently in place for urine drug testing laboratories.
-The oral fluid specimen collections must be observed, use an FDA-cleared specimen collection device, and will require split specimen procedures using 2 separate devices.
-Federal agencies will be allowed to use oral fluid testing for all of the same testing reasons as currently authorized for urine drug testing and will not be required to choose between using only urine or oral fluid.
-An approved federal custody and control form (CCF) will be used to document the oral fluid collection and establish chain of custody of the specimen.
-The drug testing panel will test for the same drugs as the federal panel for urine drug testing. Cut-off levels specific to oral fluid are included in the OFMG.
-The OFMG contains provisions for when an individual cannot provide adequate volume oral specimen or urine specimen.
-The OFMG only refers to and permits lab-based oral fluid drug testing, not instant or POCT oral fluid testing.

It has taken many years from the first time SAMHSA publicly recognized the valuable attributes of lab-based oral fluid testing until now—announcing the proposed regulations. The agency has said that their hopes with releasing oral fluid testing options will be to help reduce time and money needed in order to maintain a drug testing program, and help eliminate the ever-growing issue of drug test cheating.

To see further details on these latest updates, you can view the guideline announcement here.

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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.

Their executive summary stated, “In an increasingly global economy, employers are rightfully placing a premium on the safety of employees and the community. Employers continue to utilize professional background checks at a near universal rate.”

Results from their survey showed that 95 percent of employers perform one or more types of employment background screening. The majority also stated that they screen both part-time and full-time employees, with 86 percent saying they screen all full-time employees and 68 percent including part-time employees in their screening process.

The five most important reasons to background screen according to this year’s survey included:

• Public safety, including protection of “employees, customers, and others”: listed by 86 percent of employers
• Improving quality of hires was listed by 52 percent
• Law/regulation requirements: 39 percent
• Protecting company reputation: 38 percent
• Prevent and/or reduce theft, embezzlement and other criminal activity: 36 percent

Human resource professionals confirmed again in this year’s survey that accuracy in background screening is “very important” (98 percent). The most significant challenges in employment screening also echoed last year’s survey results with “length of time to get results” and “cost of screening” being listed as the biggest challenges for professionals in regards to screening.

Accuracy, turn-around time, and cost are all very important factors when deciding on a screening provider. Make sure that your provider fits with your company’s needs.

Blueline Services offers some of the most comprehensive and customizable screening packages available. We ensure that results will have the quickest turnaround time possible with affordable prices.

To see if we can help you with your screening needs, call us at 888-919-8378 to get a quote.

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