Blog
The Federal Motor Carrier Safety Administration (FMCSA) released information gathered from its Commercial Driver’s License Drug and Alcohol Clearinghouse in late February. The data indicated that the Clearinghouse had detected and recognized nearly 8,000 positive substance abuse tests of commercial drivers since it became operational in January, according to a news release from the FMCSA.
The Clearinghouse provides FMCSA along with employers the tools needed to detect drivers who have disregarded the requirements for federal drug and alcohol testing and are restricted from operating a Commercial Motor Vehicle (CMV). The objective of the Clearinghouse is to guarantee drivers get the necessary evaluation and treatment before they continue driving. According to the FMCSA, those required to enroll in the Clearinghouse include:
- Employers of commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders, or their designated service agents, and medical review officers who report drug and alcohol program violations that occurred on or after January 6, 2020
- Employers or their designated service agents who lead required queries which inform them whether prospective or current employees have drug and alcohol program violations in their Clearinghouse records. Employers must purchase a query plan before doing queries in the Clearinghouse – query plans must be obtained from the FMCSA Clearinghouse website only
- Drivers who respond to employer consent requests or would like to view their Clearinghouse record when applying for a job
- Substance abuse professionals who report on the completion of initial driver assessments and driver eligibility for return-to-duty testing for violations committed on or after January 6, 2020.
Commercial drivers are not required to register for the Clearinghouse immediately; however, they will need to join in order to respond to an employer’s request for consent before a pre-employment query or other full query conducted. Employers enroll during the first year of implementation to guarantee they can lead required yearly inquiries on employed drivers. There is no cost to enroll.
The Clearinghouse is an online database that enables FMCSA, employers of CDL drivers, State Driver Licensing Agencies, and law enforcement officials to recognize CDL drivers who have violated federal drug and alcohol testing program requirements. As of February, the Clearinghouse has more than 650,000 registrants.
SELECTiON.COM® provides background screening services for the transportation industry to help them make smart hiring decisions. We offer drug screening for pre-employment, post-accident, reasonable suspicion, and random testing. SELECTiON.COM® can help with all the necessary background checks required for the trucking industry and can develop a package to suit your needs. Contact us today!
Blog, Resources
New York City will soon prohibit employers from requiring job applicants to submit to testing for the presence of tetrahydrocannabinol (THC), which is the active ingredient in marijuana.
This bill, Introduction No. 1445-A, was approved by the New York City Council on April 9 and was enacted after the 30-day deadline passed without a signature from the mayor. It will go into effect in a year.
This is the first law of its kind to ban pre-employment testing. While other states have permitted medical or recreational use of marijuana, none have passed laws that ban employers from testing job candidates. The state of New York is among the group of states that have not legalized the recreational use of marijuana, which makes the passage of this bill a bit surprising.
Introduction No. 1445-A amends the New York City Human Rights Law. It states that “except as otherwise provided by law, it shall be an unlawful discriminatory practice for an employer, labor organization, employment agency, or agent thereof to require a prospective employee to submit to testing for the presence of any tetrahydrocannabinol or marijuana in such prospective employee’s system as a condition of employment.”
Exceptions
The following exceptions to this law are provided for safety and security sensitive jobs, as well as federal or state contract employees.
- Police officers, peace officers or any position with law enforcement
- Commercial drivers
- Construction or demolition workers
- Positions for which testing is mandated under federal law or contract
- Positions requiring supervision or care of children, medical patients, and persons with physical or cognitive disabilities
- Positions that significantly impact the health and safety of employees or the public
Employers in New York City should review their policies on pre-employment drug testing. These procedures should be revised to comply with the new law.
Contact us today to see how SELECTiON.COM® can take your employment background check process to the next level.
NOTE: The contents of this article are not legal advice for your particular situation. You should neither act nor rely upon anything stated in this article without first consulting your own legal counsel.
Back to Basics, Blog, Resources
Drug testing as part of the Drug-Free Workplace Program has been successful in lowering the rates of positive tests. Nearly seven in ten Americans have used drugs while they were at work, according to a recent Detox survey of 1,000 Americans.
All companies, whether just starting out with drug testing or reviewing current processes, should be sure that it is effectively communicated to both employees and applicants. A drug testing policy should address which employees or applicants will be tested, the circumstances under which testing will take place, what substances will be tested for and what the consequences will be for a positive test.
There might be additional policies for safety sensitive positions, union guidelines or other entities like the U.S. Department of Transportation (DOT) guidelines for regulated motor carriers, airline pilots, train operators and others.
It is important to have a drug testing policy reviewed by an attorney experienced in drug-free workplace issues to ensure compliance with state and federal laws, including the Americans with Disabilities Act.
When drug testing should occur
- Pre-employment
- This will avoid the hiring of individuals who are actively abusing drugs.
- Post-incident
- People using drugs are at increased risk of errors and injury. This also may help protect the employer if there is any litigation following the incident.
- Reasonable suspicion
- In your company policy, define the factors that may give rise to a reasonable suspicion, including objective factors, such as an employee’s appearance, speech and behavior, as well as, any other information specific to your workplace.
- Random
- Drug testing should be done randomly for people who work in safety-sensitive positions.
Types of drug testing
- Urine Drug Testing (UDT)
- Urine is the most commonly tested substance for drugs. It is easily obtained and there is a broad range of testing that can be done. There are very specific guidelines when observed collection is indicated.
- Oral Drug Testing
- Collecting oral fluids makes it much harder to compromise testing. At this time, oral fluid testing cannot test for as many drugs as urine drug tests, but this technology is improving rapidly.
- Hair Testing
- Hair testing is more expensive than urine and oral fluid testing. It does have the advantage of detecting any drug over the previous 90 days.
What substances should companies test for?
It is very important that employers remain current on what drugs they are testing for. Many companies use a standard 5-panel test that will miss most drugs of abuse.
A 10-panel urinalysis is by far the most popular for companies. This type of drug panel searches the top five street drugs (cocaine, heroin, meth amphetamines, marijuana, phencyclidine (PCP) and the top five prescription drugs (benzodiazepines, quaaludes, methadone, propoxyphene, barbiturates). Other drugs may be added to or subtracted from this panel as specific requirements warrant.
Thirty-three states and the District of Columbia have currently passed laws legalizing marijuana in some form. Some companies have even stopped including marijuana on pre-employment drug tests. When it comes to federal law, marijuana is classified as a Schedule I drug.
It is important to know the drugs that are commonly abused in your area. It may be helpful to call one of your local substance abuse treatment centers for this information.
SELECTiON.COM® is a (TPA) Third Party Administrator for our clients that wish to utilize drug screening as part of their background screening. We partner and integrate with Quest Diagnostics™, the world’s leading provider of diagnostic testing, and Medical Review Officer (MRO) and Doctor’s Review Service (DRS).
We offer random drug screening for companies who have a random drug testing policy.
SELECTiON.COM® will work with your company to help you navigate applicant drug testing and the results.
Contact us today to see how SELECTiON.COM® can take your employment background check process to the next level.
NOTE: The contents of this article are not legal advice for your particular situation. You should neither act nor rely upon anything stated in this article without first consulting your own legal counsel.
Blog
In order to do a complete and comprehensive background check for potential employees, most companies request Social Security Numbers (SSN.)
But what happens if an applicant refuses to disclose their SSN?
It’s important that your company have a policy in place regarding SSN Disclosure. Depending on whether your company is hiring employees or volunteers, your policy may differ.
For employees—there is no way around SSN Disclosure. Providing a Social Security Number is an important step in the background check process. It provides information that Name and Date of Birth simply would not. And according to the Federal Privacy Act of 1974, companies are allowed to require SSN disclosure for various reasons. There are no legal protections that allow applicants to refuse to provide their SSN.
For volunteers—it can depend on your company’s views. It is not 100% necessary to require your volunteers to disclose. However, like we stated above, Social Security Numbers give you access to information about potential volunteers that you may need. If you do not require volunteers to disclose you cannot, however, obtain certain types of reports, e.g. Social Security Number Trace Reports, some County Criminal Reports, etc. A lot of reports just simply cannot be run without SSNs.
For potential employees, it is not “illegal” to require them to disclose their SSN. And in order to protect your business and employees, it is necessary. For potential volunteers, it will depend on your company’s policy and which type of reports you want to run.
Background checks can be tricky and with so many laws and regulations it can be hard to keep track. The best response to an applicant not disclosing their SSN, is to follow your company’s policy and consult with a company lawyer. And since an applicant’s Social Security Number is not protected under current law, it can be required.
NOTE: The contents of this article are not legal advice for your particular situation. You should neither act nor rely upon anything stated in this article without first consulting your own legal counsel.
Blog
On June 8, 2016 Ohio’s Governor signed a plan to legalize medical marijuana into law. This made Ohio the 25th state to approve its use. The bill became effective 90 days later on September 6, 2016. Ohioans will not be able to purchase medical marijuana in state, however, until 2017 or early 2018 after the Department of Commerce creates rules for those who will grow and dispense the drug and doctors obtain certificates from the Ohio State Medical Association to prescribe medical marijuana.
What kind of marijuana can be used?
Under Ohio’s law, it is still illegal to smoke marijuana even if purchased out of state. On the other hand, vaporizers, edibles and oils are OK. Recreational use of marijuana continues to be illegal.
What medical conditions will qualify?
Medical marijuana can be used for AIDS, amyotrophic lateral sclerosis, Alzheimer’s disease, cancer, chronic traumatic encephalopathy, Crohn’s disease, epilepsy or other seizure disorders, fibromyalgia, glaucoma, hepatitis C, inflammatory bowel disease, multiple sclerosis, pain that is either chronic and severe or intractable, Parkinson’s disease, positive status for HIV, post-traumatic stress disorder, sickle cell anemia, spinal cord disease or injury, Tourette’s Syndrome, traumatic brain injury and ulcerative colitis.
Who will grow marijuana?
No one may grow medical marijuana at home or for personal use. People who want to grow medical marijuana commercially must apply to the Ohio Department of Commerce. They cannot grow marijuana within 500 feet of a school, public playground, church, public park or public library. People with certain criminal convictions are disqualified from growing marijuana.
Who can recommend its use?
Physicians who are certified by the Ohio State Medical Association are the only ones who can make that call. They could be disqualified from certification if they have a financial interest in growing marijuana, have lost their license to practice medicine, or have been convicted of certain crimes. Before recommending medical marijuana, doctors must attend at least 2 hours of training in diagnosing and treating conditions with it.
Can I be fired from work for using medical marijuana?
Yes, despite opposition from some in Ohio, the law allows employers to fire employees who violate office policies against marijuana use – even if the marijuana was recommended by a physician. If fired for marijuana use, a person will not receive unemployment compensation.
Can Ohioans still vote on medical marijuana in November 2016?
Several groups were interested in placing a marijuana proposal on the November 2016 ballot. Each group decided, however, against doing it. The effort was too costly and unpredictable in this presidential election year. The reality is that raising funds for medical marijuana policy changes became incredibly difficult especially given the improvements made by the Ohio General Assembly and the fact that Ohio’s Governor signed the bill.
NOTE: The contents of this article are not legal advice for your particular situation. You should neither act nor rely upon anything stated in this article without first consulting your own legal counsel.
Thomas A. Coz
Vice President of Legal & Compliance
