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Pre-Duty Alcohol Use – DOT Regulated Alcohol Testing

Pre-Duty Alcohol Use – DOT Regulated Alcohol Testing

truck driver drinking

Just a quick reminder about an often overlooked D.O.T. regulation regarding the use of alcohol prior to performing safety sensitive duties in the workplace.

For organizations subject to federal regulations (Drug/Alcohol Drug Free Workplace programs). The D.O.T. prohibits employees from performing safety sensitive duties when they consumed alcohol in any form as per the following schedule:

FMCSA: 4 hours after using alcohol

FAA: FAA prohibits alcohol use 8 hours prior to performance of flight crew member duties, flight attendant duties and air traffic controller duties and 4 hours prior to performing other duties.

FTA: 4 hours after using alcohol

PHMSA: Prohibits alcohol use 4 hours prior to performance of duty.

USCG: The USCG prohibits alcohol use 4 hours prior to performance of scheduled duty.

Employers who are aware that an employee has consumed alcohol within the prohibited time frame and still allow the employee to perform their safety sensitive function are in violation of federal regulations. 

Beverages containing alcohol are widely advertised, inexpensive, and readily available. They are often sold at liquor stores, gas stations, grocery stores, and similar retail establishments. Drinking alcohol is widely accepted in the U.S. Beverages containing alcohol are frequently served at meals, social gatherings, sporting events, and celebrations. It’s easy to see how employees and employers may forget the nuances of their federal alcohol testing program. Now is as good of time as any to remind employees about these restrictions.

 

Sources: Dept of Transportation

 

 

 

Mixing booze, pot = 5X More Likely to End in Traffic Fatality

Mixing booze, pot = 5X More Likely to End in Traffic Fatality

Science Daily: “Drivers testing positive for alcohol and marijuana are five times more likely to be responsible for causing fatal two-vehicle crashes than sober drivers involved in the same crashes”

 

Full article here: https://www.sciencedaily.com/releases/2017/06/170612135506.htm?platform=hootsuite

alcohol and pot

 

Employee Protections in the Era of Medical Marijuana Legislation

Employee Protections in the Era of Medical Marijuana Legislation

states with employee protection medical marijuana

Quest Diagnostics recently wrote an excellent, up-to-date summary (as of March 2017) regarding the current state of marijuana legislation as it relates to employee protections and marijuana use. They’ve placed each state into one of four categories based on the current level of employees protections provided by law. Be sure to click over to Quest’s article for more details and a downloadable info graphic.

As a reminder: All marijuana use, recreational, medical or otherwise is prohibited by DOT federal regulations. There is currently no scenario in which a medical review officer would overturn a laboratory positive result for recreational or medical use purposes – regardless of state law.

States with no or undefined employee protections: 

  • Washington
  • Oregon
  • Ohio
  • Montana
  • Michigan
  • Colorado
  • California

States likely providing no employee protections

  • Alaska
  • Hawaii
  • Maryland
  • Massachusetts
  • New Hampshire
  • New Mexico
  • Vermont
  • Washington, D.C.

States with explicit employee protections

  • Arizona
  • Arkansas
  • Connecticut
  • Delaware
  • Illinois
  • Maine
  • Minnesota
  • Nevada
  • New York
  • Pennsylvania
  • Rhode Island

States with unclear employee protections

  • Florida
  • Louisiana
  • New Jersey
  • North Dakota

Source: Quest Diagnostics full article link: https://blog.employersolutions.com/marijuana-employee-protections/