Do Fleet Drivers Have the Right to Use Cannabis Products?
The Center of Disease Control (CDC) is working to come to terms with the legalization of medical and recreational marijuana. The majority of the United States drivers complaint?
Baby Steps by the CDC for Driver Equality
The CDC recommends a drug-free workplace; however, it has issued new guidance under Workplace Safety standards for companies with fleet drivers to address their policies to account for their state laws.
What Does the CDC Recommend to Employers?
Currently the CDC is taking small steps to inform and adjust while keeping the workplace safe and under the guise of the federal government. Not an easy tasks.
Never drive under the influence of cannabis is a simple and safe standard - but cannabis can remain in the bodies system for days or weeks. How can employers and employees access their rights under state laws without being prosecuted under federal law?
CDC Guidance For Employers
Best Practices for Employers
Develop a comprehensive marijuana policy that accounts for current laws in each state where your company operates.
A zero-tolerance policy for marijuana may not be possible, depending on your state’s laws. However, the best marijuana policies will:
Prohibit workers using marijuana in any form while at work.
Prohibit workers from being under the influence of marijuana when they report for work.
Partner with an attorney to review your policy and provide feedback. Make sure the attorney understands state marijuana laws and is up-to-date on marijuana-related case law.
Outline specifics of drug testing if it is a part of your marijuana policy.
Make sure your policy describes the conditions under which testing will occur (e.g., ongoing periodic random testing, any time impairment is suspected, or only after a crash), the threshold that will constitute impairment, and the consequences of a positive test.
Seek out and use a medical professional with training in interpreting THC drug tests.
Warn drivers that Cannabidiol (CBD) product labeling is not regulated. Labeling is frequently inaccurateexternal icon. Consumption of CBD products with significantly higher levels of THC than what is on the producer’s label could result in a positive drug test.
Provide access to support for employees with drug problems, either through in-house programs or referrals to local resources.
Educate drivers on:
The effects of marijuana and other drugs on safe driving and cognitive abilities.
The details of your company’s marijuana policy, including special considerations for the state or states where they work.
Similar impairments that can result from fatigue, medications, and certain medical conditions.
Train managers and supervisors on:
The specific responsibilities of managers/supervisors outlined in the policy.
How to recognize and document signs of impairment.
Monitor the relevant state marijuana laws and any improved methods for determining impairment. Update your policies as needed.
Source: Center of Disease Control