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FTA Federal Transit Administration: Drug 50% / Alcohol 10%

FAA Federal Aviation Administration: Drug 25% / Alcohol 10%

FMCSA Federal Motor Carrier Safety Administration: Drug 50% / Alcohol 10%

PHMSA Pipeline & Hazardous Materials Safety Administration: Drug 50%

FRA Federal Railroad Administration: Drug (25% Covered Service) (50% Maintenance of Way) / Alcohol 10% Covered Service/Maintenance of Way

Nevada passes nations first law banning marijuana pre-employment testing

7-8-2019

Nevada passes nations first law banning hiring decisions based on positive marijuana pre-employment tests

NV Beginning in 2020 non-federal employers will not be able to reject job seekers for testing positive for THC in Nevada. This is the first legislation of it’s kind in the nation. The law, assembly bill AB132, specifies certain safety sensitive job titles from the law as well as indicates that it does not apply when in conflict with federal law. As marijuana is still a banned substance under federal regulations, prospective employees looking for jobs in the trucking, airline, oil and pipeline, and transit industries need to know they are not protected by the new law.

 


Excerpt

“Except as otherwise specifically provided by law:
1. It is unlawful for any employer in this State to fail or refuse to hire a prospective employee because the prospective
employee submitted to a screening test and the results of the screening test indicate the presence of marijuana.
2. The provisions of subsection 1 do not apply if the prospective employee is applying for a position:
(a) As a firefighter, as defined in NRS 450B.0 71;
(b) As an emergency medical technician, as defined in RS 450B.065;
(c)That requires an employee to operate a motor vehicle and for which federal or state law requires the employee to submit to screening tests; or
(d)That , in the determination of the employer, could adversely affect the safety of others.
3. If an employer requires an employee to submit to a screening test within the first 30 days of employment, the employee shall have the right to submit to an additional screening test, at his or her own expense, to rebut the results of the initial screening test. The employer shall accept and give appropriate consideration to the results of such a screening test.
4. The provisions of this section do not apply:
(a) To the extent that they are inconsistent or otherwise in conflict with the provisions of an employment contract or collective bargaining agreement.
(b) To the extent that they are inconsistent or otherwise in conflict with the provisions of federal law.
(c) To a position of employment funded by a federal grant.
5. As used in this section, “screening test” means a test of a person’s blood, urine, hair or saliva to detect the general presence of a controlled substance or any other drug.
This act becomes effective on January 1, 2020.”
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Marijuana legislation changes rapidly and employers, HR managers and anyone with hiring ability would be wise to keep up with their states most recent changes. AtHandTraining recommends those who need to know set up a Google Alerts with their state’s name+law (via https://www.google.com/alerts) so they can be notified whenever new legislation is being considered or passed.

 

 

 

 

 

 

 

 

Map image: SHRM

 

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Federal Motor Carrier Safety Administration (FMCSA) – 49CFR Part 382.603

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U.S. Coast Guard (USCG) – §16.250   Reasonable cause testing requirements

 

Marijuana Breathalyzer Test – Cannabix

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Marijuana Breathalyzer Test – Cannabix

marijuana breathalyzer

cannabix

A California company, Cannabix Technologies, Inc. has created the first marijuana breath analysis test, which has the potential to be used by police at the roadside to detect whether drivers have used the drug. Their mobile test is based upon high-field ion mobility and mass spectrometry. Testing using the Cannabix Marijuana Breathalyzer Beta prototype device with human subjects after smoking THC cigarettes demonstrated the successful detection of THC, the psychoactive component of marijuana, in real-time. However, there remain significant obstacles before new technologies like these can be used for roadside or workplace testing in the U.S. Specifically, additional research will likely be needed to correlate data about consumption amounts with actual driver impairment. And the issue of stoned driving remains enormously complex, with experts still highly uncertain about marijuana’s precise effects on cognition and competence.

The need:

Up to one in 10 weekend nighttime drivers in the U.S. may have cannabis’s main active ingredient, tetrahydrocannabinol (THC), in their bodies, studies suggest. Police in Colorado have said figures show marijuana-involved road fatalities doubling (pdf) in the state amid legalization. – SciAm

Workplace safety:

In May 2015, an article in the Journal of Occupational and Environmental Medicine concluded that there is a likely statistical association between illicit drug use, including marijuana, and workplace accidents. The impact marijuana use makes on transportation safety can be especially alarming. The drug impairs attentiveness, motor coordination, and reaction time and impacts the perception of time and speed. Studies from the National Institute on Drug Abuse have found that marijuana negatively impacts driving performance, and other researchers have found that acute use of the drug increases the risk of crashes and fatal collisions.

About Cannabix:

The Cannabix website describes the company as “…working to develop drug-testing devices that will detect Tetrahydrocannabinol (THC- the psychoactive component of marijuana that causes intoxication) using breath samples. These devices would be used to provide detection of THC at roadside and identify drivers under the influence of marijuana. In particular, Cannabix is focused on developing breath testing devices for THC detection that would target recent use of THC, (within a 2 or 3 hour time period at time of testing) in contrast to saliva or urine testing for THC which can be invasive and take a considerable amount of time for laboratory analysis. The devices will also be useful for other practical applications such as testing employees in the workplace where intoxication by THC can be hazardous.”

 

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