Clearing the Haze: How employers can approach DOT testing and legal marijuana use

A few years ago, New York joined the ranks of states where the recreational use of cannabis or marijuana is permitted. In fact, the state proactively took steps to provide workplace protections for employees who use marijuana that limit an employer's ability to take action against them for legal consumption. Its usage has become common enough in some places that many people seem to forget that, at the federal level, it's still illegal. This is why, for employers of commercial drivers, the new normal of legalization presents a unique challenge. The U.S. Department of Transportation (DOT) maintains strict regulations that classify marijuana as an illegal substance, regardless of state laws, including some of those workplace protections, and this can have a major impact on commercial drivers and their employers.

This conflict requires employers to play a crucial role in helping their employees navigate the complexities, ensuring they make informed decisions that align with both their personal freedoms and professional responsibilities.

DOT Testing Policy Overview

The DOT mandates rigorous drug testing for all safety-sensitive transportation employees, including commercial truck drivers. The policy includes:

1. Pre-Employment Testing: Drivers must pass a drug test before they can operate a commercial vehicle.
2. Random Testing: Drivers are subject to random drug tests at any time during their employment.
3. Reasonable Suspicion Testing: If there is reasonable cause to believe a driver is under the influence, they must be tested.
4. Post-Accident Testing: Involvement in certain types of accidents necessitates a drug test.
5. Return-to-Duty and Follow-Up Testing: Drivers who have tested positive must undergo a stringent process, including multiple tests, before resuming their duties.

The DOT drug test includes screening for marijuana, and a positive result leads to immediate disqualification from driving duties, regardless of state legality.

Best Practices for Employers

Given the conflict between state legalization and federal prohibition, employers must take proactive steps to support their drivers:

Clear Communication:

• Educate Employees: Ensure all drivers understand the difference between state legalization and federal prohibition. Emphasize that while marijuana is legal in New York, it is still banned under DOT regulations.
• Transparent Policies: Clearly outline your company’s drug and alcohol policy, highlighting the severe consequences of a positive DOT drug test.

Proactive Support:

• Voluntary Pre-Testing: Offer non-DOT pre-tests to help employees understand their status and take necessary steps before the official test.
• Access to Resources: Provide information about support resources such as Employee Assistance Programs (EAPs) for drivers who need help with substance use issues.

Regular Training and Reminders:

• Ongoing Education: Conduct regular training sessions to keep employees informed about the importance of compliance with DOT regulations.
• Written Notices: Distribute periodic reminders and updates about drug policies and testing requirements.

HR Guidance:

• Policy Review: Regularly review and update your policies with legal and HR professionals to ensure they are compliant with both state and federal laws.
• Consistent Enforcement: Apply your policies uniformly to avoid any perception of unfair treatment.

Conversations with Drivers

When discussing marijuana use and DOT regulations with your drivers, consider these key points:

• Highlight the Conflict: Clearly explain the conflict between state and federal laws, emphasizing that a positive DOT drug test due to marijuana use will result in disqualification from driving duties.
• Promote Open Dialogue: Encourage an environment where drivers feel comfortable discussing their concerns about drug testing and substance use.

Conclusion

The legalization of marijuana in New York, juxtaposed with stringent DOT regulations, places employers in a pivotal position. By proactively educating and supporting your drivers, you can help them navigate these conflicting laws and make informed decisions that respect their personal freedoms while fulfilling their professional responsibilities. This approach not only ensures compliance with federal regulations but also fosters a safe and supportive work environment.

For more insights on managing your HR needs and ensuring compliance, consider exploring our HR Foundations Program at HR One. We partner with you to build a strong HR foundation tailored to your business needs.

This article was created using Chat-GPT with prompts and edits by Paul Banuski