We receive this question often. The decision about a positive drug test result is entirely up to the employer and should be clearly described in the employer's written substance abuse policy. For regulated employees (such as truck drivers with CDLs), the DOT regulations do not address hiring, termination, or other employment actions. These decisions [...]
If you employ CDL drivers seasonally, you must understand this often-overlooked DOT requirement. DOT regulations require employees who leave the drug testing pool for more than 30 days to pass a pre-employment drug test before rehiring. Even if your seasonal employees are not DOT-regulated, conducting this test is a good practice. For example, if [...]
The drug-free workplace is an alphabet soup of acronyms. Following is a cheat sheet. DHHS or HHS - Department of Health and Human Services DHHS is the foremost agency of the US government that is responsible for providing health and human services. The US DOT follows HHS guidelines, so when changes are rolled out, [...]
Marijuana in the workplace is a hot topic. Despite still being illegal federally, the trend of legalization of recreational marijuana is growing. As of January of 2019, 33 states across the USA have some sort of decriminalization of pot, whether it’s medically or recreational. As a business owner with a lot on the line, [...]
As many know, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) protects the confidentiality of "medical records" of a "patient.” Most of us are grateful for HIPAA privacy rules, as we really don’t see our personal health issues as anyone’s business but our own. But …. HIPAA privacy laws do not apply [...]
It depends. Clearly, if the employee has been terminated, testing is not possible. But what if the employee is sick when the on-site drug test collector arrives or on vacation? For non-regulated (Non-DOT) employers, the decision is up to the employer and the written drug-free workplace policy. However, it is recommended to follow the [...]
Many employers question whether they fall under U.S. Department of Transportation (DOT) drug and alcohol testing regulations. DOT regulations cover various industries, all governed by 49 CFR Part 40, with specific rules for each mode of transportation. Below is a breakdown of different DOT-covered sectors and their respective regulations: 1) Aviation (FAA) If you [...]
Supervisor training, also known as Reasonable Suspicion Training, is mandatory for DOT employers. It educates supervisors on workplace drug testing policies and explains their responsibilities in enforcing these policies. Effective training leaves a long-lasting impact on supervisors. When live training is too costly or difficult to arrange, online training offers a practical alternative. What’s [...]
If you want to find out more about what are the consequences of a refusal to test, the following is summarized from DOT Rule 49 CFR Part 40 Section 40.191 As an employee, you have refused to take a drug or alcohol test if you: Fail to appear for any test (except a pre-employment [...]
Methamphetamine is available in two forms: "d" and "l." They have the same chemical formula and similar chemical properties and a drug test cannot tell the difference. MOST positive drug test results for meth are indeed positive for methamphetamine. Most donors who have a positive test result for meth will deny it, even if [...]
