
Question: Can an employer wishing to conduct pre-employment alcohol testing, do so?
Answer: A DOT-regulated employer (except under USCG and RSPA rules) wishing to conduct pre-employment alcohol testing under DOT authority may do so if certain conditions are met.
You hired and enrolled with us and an important part of our job is to assist you with the administration of most facets of your drug and alcohol testing program, including many types of recordkeeping. Getting your drug test results to you as quickly as possible is very important to AADT/C-DATA, but sometimes problems do arise.
Ultimately, the responsibility falls on the company-designated employer representative (DER) or Owner-operator to make sure all documentation is submitted to AADT/C-DATA in a timely fashion. This gives your account representative the opportunity to look at the paperwork to make sure there are no discrepancies or issues regarding the drug test collection. The following are some tips to make sure the program works efficiently for both of us:
Remember if you have any questions we are here to help.
AADT/C-DATA Staff
Late last year, the Department of Justice (DOJ) issued guidelines for federal prosecutors in states that have or are planning to enact laws authorizing the use of “medical marijuana.” www.justice.gov/opa/documents/medical-marijuana.pdf.
We have had several inquiries about whether the DOJ advice to federal prosecutors regarding pursuing criminal cases will have an impact upon the Department of Transportation’s longstanding regulation about the use of marijuana by safety-sensitive transportation employees: pilots, school bus drivers, truck drivers, train engineers, subway operators, aircraft maintenance personnel, transit fire-armed security personnel, ship captains, and pipeline emergency response personnel, among others.
We want to make it perfectly clear that the DOJ guidelines will have no bearing on the Department of Transportation’s regulated drug testing program. We will not change our regulated drug testing program based upon these guidelines to federal prosecutors.
The Department of Transportation’s Drug and Alcohol Testing Regulation 49 CFR, Part 40 at 40.151(e) does not authorize “medical marijuana” under a state law to be a valid medical explanation for a transportation employee’s positive drug test result.
That section states:
§40.151 - What are MROs prohibited from doing as part of the verification process?
As an MRO, you are prohibited from doing the following as part of the verification process:
(e) You must not verify a test negative based on information that a physician recommended that the employee use a drug listed in Schedule I of the Controlled Substances Act. (e.g., under a state law that purports to authorize such recommendations, such as the “medical marijuana” laws that some states have adopted.)
Therefore, Medical Review Officers will not verify a drug test as negative based upon information that a physician recommended that the employee use “medical marijuana.” Please note that marijuana remains a drug listed in Schedule I of the Controlled Substances Act. It remains unacceptable for any safety-sensitive employee subject to drug testing under the Department of Transportation’s drug testing regulations to use marijuana.
We want to assure the traveling public that our transportation system is the safest it can possibly be.
Jim L. Swart
Director
Office of the Secretary of Transportation
Office of Drug and Alcohol
Policy and Compliance
Department of Transportation
October 22, 2009