"Our Consortia Provides Mandated Semi-Anuual and MIS Reports "

Drug testing for businesses is an important component of any substance abuse program, particularly when the health and safety of others are at risk.

Cedar Springs Associates, Inc. provides comprehensive drug and alcohol testing services for various types of business, customized training and policy development throughout the United States.

January 1, 1996 ALL companies with one or more CDL drivers, including owner operators are required to be in a random testing consortia.

SPECIAL PACKAGE "On-Board Drug Testing Package" designed for drivers to meet D.O.T. requirements for random or post-accident drug and alcohol testing on the road.

Article on Medical Marijuana at the bottom of this page.

Types of drug & alcohol testing we offer:

PRE-EMPLOYMENT

Drug test performed with a negative result before hiring or before performing a "safety-sensitive" function for the first time, or a transfer to a "safety-sensitive," such as a CDL holder.

REASONABLE SUSPICION

When a trained supervisor observes behavior or appearance that is characteristic of alcohol or drug abuse.

POST-ACCIDENT

When an employee is involved in a work related accident or incident, where injury of oneself or other employees took place or when a CDL driver is involved in a DOT recorable accident. Criteria: death, injury, tow, on either side, even if driver is not at fault. Alcohol test is to be performed within 2 hours, not to exceed 8 hours and drug test is to be performed within 8 hours not to exceed 32 hours.

RANDOM

On an unannounced basis, just before or shortly after performing a "safety-sensitive" function. CSA has computer generated random consortia services.

RETURN-TO-DUTY

When an individual has violated the prohibited alcohol or drug conduct according to company's policy and procedures, they need to successfully complete a return-to-duty test in order to return to a "safety-sensitive" position, after completing the DOT required recommendation from a Certified Substance Abuse Professional.

FOLLOW-UP

When an individual has violated the prohibited alcohol or drug conduct according to company's policy and procedures, 6 unannounced tests in the first 12 month after the individual returns to duty (after having successfully passed a return-to-duty test.) Tests may be extended for up to 60 months.

Drivers are required to have an evaluation by a Substance Abuse Professional (SAP) and complete all recommendations as part of employment continuation.

BASELINE

When a company does a sweep of all employees and/or sub-contractors.

Some states are offering discounts for Worker's Compensation premiums when a company is in a drug testing program.

Some insurance companies also offer a discount on premiums when your company is in a drug testing program.

Cedar Springs Associates, is committed to serving its community by creating opportunities for employers in Idaho and nationwide to develop and implement an effective Drug-Free Workplace Program.

Call For Assistance In Implementing A Program

208-733-1199

MEDICAL MARIJUANA

Medical Marijuana is a prohibited substance under Federal Law. Some States have the ability to issue Medical Marijuana Permits, which only decriminalize the possession and use of Marijuana under the State Law. There are no prescriptions for Marijuana itself. A physician must write a recommendation for Medical Marijuana on a prescription blank, but it is not really being prescribed (you cannot take it to a pharmacy and get it filled).

EXAMPLE 1: A lumber mill company in Klamath Falls, Oregon had an employee that was using a Medical Marijuana Permit and tested positive for THC on a drug test. When challenged in Court, the Judge ruled that the employee was covered by "ADA" Amercican Disability Act. However, when challenged before the Oregon Supreme Court, it was ruled that the person was not protected by ADA, and that the employer was not obligated to retain the employee. Recognize that each State makes its own decisions about whether or not a Medical Marijuana user is a protected individual.

EXAMPLE 2: If a company has an employee who test positive for Marijuana and the employee claims it is due to a prescription for the drug Marinol (artificial THC), it is possible to distinguish if the individual is using Marijuana as well as having a prescrition for Marinol. Marinol has only artificial THC. Marijuana has a unique cannabinoid called THCV. If the employer suspects the employee is using marijuan in an attempt to mask use by having a prescription for Marinol, the employer can order a test for THCV on the original specimen. If the original specimen tests positive for THCV, it means that the individual has been using Marijuana.

In the event a company opts to hire or retain an employee that has a Medical Marijuana Permit, it is important for the company to know that the individual may not do any work (Safety-Sensitive position) covered by the regulated/Federal drug testing rules, it is the employers decision in regards to job placement. Currently, most employers do not accept employees for jobs that have Safety-Sensitive functions or activities.

When addressing the issues in the workplace, it is important that it be addressed in the company drug and alcohol policy, "that the company has the option of further testing to be performed on the original specimen". It is imperative that the company have all employees sign-off an acknowledgement of said policy, keep as a permanent record of the employee. Also, any time you make revisions to your policy, your company needs to have employees sign an acknowledgement of notification.

When a Federally regulated drug test is positive for Marijuana, a legitimate prescription for Marinol is an accepted defense for the positive test under Federal Law.

When determining an employees ability to continue employment, Safety Personnel need to directly observe job performance of the employee, simply relying on a drug test result does not address the issue.

A Medical Marijuana Permit is not allowed for Federal testing of mandated employee/drivers. It is disallowed and Federal guidelines are strictly adhered to. The drug test will be considered positive for THC.

Article written by Sue Gee and reviewed by C. Kirby Grffin, MD, CMRO

10/15/2010

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