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How Does AZ Prop 207 Passing Effect Employers?

On November 3rd 2020 Arizona voters passed Proposition 207, legalizing the use of recreational marijuana in Arizona.  Many companies are asking how does this affect both our Department of Transportation regulated and our drug free workplace drug testing programs.  The short answer is it should have very little impact on your existing drug & alcohol testing program.

Testing programs mandated by the U.S. Department of Transportation for safety-sensitive employees fall under Federal law, which supersedes State regulations, with respect to these employees.  The Department of Transportation’s Drug and Alcohol Testing Regulation, 49 CFR Part 40, does not authorize the use of Schedule I drugs, including marijuana, for any reason.  USDOT does not permit a Medical Review Officer (MRO) to verify a drug test as negative based upon learning that the employee used “recreational marijuana”, “medical marijuana”, or a CBD product.

Proposition 207 amends Title 36 of the Arizona Revised Statutes.  A.R.S. 36-2851 addresses employers, driving, minors, control of property, and smoking in public places and open spaces.  A.R.S. 36-2851 does not restrict the rights of employers to maintain a drug and alcohol free workplace or affect the ability of employers to have workplace policies restricting the use of marijuana by employees or prospective employees.  It does not require an employer to allow or accommodate the use, consumption, possession, transfer, display, transportation, sale, or cultivation of marijuana in a place of employment.  It does not allow driving, flying, or boating while impaired to even the slightest degree by marijuana.

Our recommendation is that you read through your existing company drug & alcohol testing policy and update it with language to reflect that your company does not permit or allow the use of medical marijuana or recreational marijuana by its employees.  It is advisable to have your attorney review your policy to ensure that it is compliant with all State regulations relating to drug free workplace programs and recreational & medical marijuana.

 

USDOT Guidelines Regarding COVID-19

On March 23rd the USDOT issued guidance regarding the COVID-19 (the Corona Virus).

In short the USDOT is not waiving the drug & alcohol testing regulations during this public health crisis.  Your company is still expected to comply with the regulations including random testing and pre-employment testing.

AZC Drug Testing Employee Screening Services is open for business and is here to assist you during this time of concern.  The best way to protect your employees is to utilize facilities such as ours that do not treat illnesses or do medical testing or that have mobile testing facilities like ours. We have Arizona’s only fleet of self-contained mobile collections trucks.

Our employees have stepped up their cleaning, disinfecting, and sanitizing of our facility and equipment to ensure that your employees and our staff are as safe as possible. We also have self-contained mobile collections trucks based out of both Tucson and Phoenix that can bring the collection site to your facility.

Preventing Drug Abuse in the Workplace

Drug abuse is a major threat to society on all levels. It affects one’s personal relationships and health, and community stability and prosperity. Substance abuse and addiction also affects employers. While drug abuse can prove detrimental to any business, it’s of particular concern for companies that hire safety-sensitive employees, such as those in the transportation industry. Here’s a look at what employers can do to prevent drug abuse in the workplace.

Establishing a Drug Abuse Prevention Policy

Every company needs to have established guidelines regarding substance abuse. These guidelines should be published within the employee handbook or a separately distributed drug & alcohol testing policy. Companies may wish to consult a drug testing company that offers workplace programs regarding the specific wording to use in their policies. It’s also a good idea to hold training events designed to make employees aware of the policy and the potential consequences of violating it.

Developing a Drug & Alcohol Testing Policy

It can be difficult to accurately ascertain whether an employee is abusing drugs or not, even though there are certainly signs and symptoms that supervisors can watch out for. Perhaps the most effective way to ensure a drug-free workplace is to establish a drug testing policy. If your company provides safety-sensitive services, such as transportation, federal and state laws will require you to drug and alcohol test employees. It’s good practice to drug test job candidates as a required condition of an offer of employment. Following this, employees can be subject to drug testing at random intervals. And if there is a workplace accident, drug and alcohol testing can determine whether substance abuse may have played a role in the incident.

AZC Drug Testing Employee Screening Services is a national provider of drug and alcohol testing, and employee background check services with offices in Tucson, AZ and Phoenix, AZ. To inquire about our drug-free workplace programs, you can call our office at (800) 224-8532. Our knowledgeable team has extensive experience in designing custom workplace programs.

Know the Common Signs of Opiate Abuse

It’s often said that opioid abuse and addiction has reached epidemic proportions in the U.S. It affects people from all walks of life—teens and adults, professionals and blue collar workers alike. Opiates include any drug derived from the opium poppy plant. While all opiates are opioids, there are opioids that aren’t opiates. Some examples of opiates are heroin, morphine, and codeine.

Short-Term Indicators of Opiate Abuse

The signs of opiate abuse can be divided into short-term effects, which occur while the individual is under the influence, and long-term effects. While a person is under the influence of heroin, for example, he or she may display:

  • Nausea and vomiting
  • Severe itching
  • Flushed skin
  • Drowsiness
  • Slow heart rate
  • Cloudy thinking

Some indicators that a person is under the influence of codeine include:

  • Dilated pupils
  • Drowsiness
  • Apathy
  • Lack of judgment
  • Slurred speech
  • Problems with concentration and focus
  • Extreme confusion

Morphine can cause similar short-term effects, such as itching, drowsiness, nausea, and vomiting. Additionally, morphine can result in:

  • Constricted pupils
  • Shallow or slow breathing
  • Cyanosis
  • Agitation
  • Confusion
  • Seizures
  • Chest pain
  • Irregular heart rate

Long-Term Indicators of Opiate Abuse

Some of the long-term effects of opiate abuse and addiction differ from drug to drug, but there are many similarities. Among these similarities are changes in behavior, emotions, and personality, such as the following:

  • Frequent absenteeism at work or school
  • Poor performance at work or school
  • Lying and secretive behavior
  • Involvement in criminal activities
  • Theft from family members and others
  • Financial problems
  • Mood swings
  • Loss of interest in family and friends
  • Presence of drug paraphernalia

Withdrawal Side Effects

When a person has become addicted to opiates, he or she will go through withdrawal effects when the drug is no longer in the body. Withdrawal effects typically include:

  • Extreme cravings for the drug
  • Diarrhea
  • Vomiting
  • Chills
  • Anxiety
  • Sweating
  • Muscle cramping
  • Body aches
  • Insomnia

AZC Drug Testing Employee Screening Services is a national provider of drug and alcohol testing and employee background check services with offices in Tucson, AZ and Phoenix, AZ. You can reach us at (800) 224-8532 for more details about our family and personal drug testing services, or for information about starting a drug-free workplace program.

Who Needs to Participate in FAA Drug and Alcohol Testing?

Industries that are safety-sensitive, such as the aviation industry, must adhere to rigorous standards to maintain a drug-and alcohol-free workplace. Many employers that are regulated by the FAA must have a drug and alcohol testing program. If you have questions or concerns about aviation compliance for your company, you can get in touch with a drug testing company that has experience with FAA regulations.

Who is required to test by the Federal Aviation Administration (FAA)?

  • All Part 121 and Part 135 Certificate holders, an operator as defined in §135.1(c)
  • Air traffic control facilities not operated by the FAA or by or under contract to the U.S. military comply with the anti-drug program regulations
  • All operators as defined by 14 CFR Part 91.147
  • Part 145 Repair Facilities who perform safety-sensitive functions are subject to these regulations.

Safety-Sensitive Employees

All safety-sensitive employees for companies that are required to test must be routinely drug tested. This includes employees who are part-time, full-time, temporary, and seasonal. Some examples of safety-sensitive functions include:

  • Flight crewmember duties
  • Flight attendant duties
  • Flight instruction duties
  • Aircraft dispatcher duties
  • Aircraft maintenance and preventive maintenance duties
  • Ground security coordinator duties
  • Aviation screening duties
  • Air traffic control duties
  • Operations Control Specialist

Pre-Employment Tests

All job candidates for a safety-sensitive job must undergo a pre-employment drug test and receive a verified negative result before they can perform job duties. The same policy applies to individuals who transfer from a non-safety-sensitive job to a safety-sensitive job.

Random Testing

Each year, the Federal Register publishes the minimum annual percentage rate. This is the minimum number of safety-sensitive employees who must undergo random drug or alcohol testing. For example, the annual rate for any given year may be 25% for drug testing and 10% for alcohol testing. This would mean that 25% of safety-sensitive employees must undergo a random drug test, and 10% of them must undergo a random alcohol test. The FAA doesn’t specify how often random testing must be conducted. However, it’s generally expected that aviation employers will space out the testing throughout the year in an unpredictable fashion. There should be no advance notification to employees that they have been selected for random testing. As soon as notifications are made, the employees should immediately proceed to the collection site.

AZC Drug Testing Employee Screening Services is a national provider of drug and alcohol testing and employee background check services with offices in Tucson, AZ and Phoenix, AZ. Our company has program managers who specialize in aviation compliance. Call (800) 224-8532 with your questions about our FAA drug testing services.