Skip to main content
Judges gavel in front of a bookshelf

How Does AZ Prop 207 Passing Effect Employers?

Written by csdesign on . Posted in Drug Free Workplace, Drug Testing.

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.

 

Exterior of a drug testing facility in Southern Arizona

COVID-19

Written by csdesign on . Posted in Company News, Drug Free Workplace, Drug Testing, Motor Carrier Compliance.

AZC Drug Testing Employee Screening Services is open and serving our clients during this national crisis. We would like to thank all of the transportation workers for keeping our country running at this time as America runs on the transportation industry. USDOT has issued guidance that they are not waiving the drug & alcohol testing requirements during this crisis.  We appreciate being able to service all of you and hope that you stay safe & healthy during this time.

A white onsite testing van with blue lettering

USDOT Guidelines Regarding COVID-19

Written by csdesign on . Posted in Drug Free Workplace, Drug Testing, Motor Carrier Compliance.

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.

Truck driver standing in front of 2 semi truck

FMCSA Increases Random Testing Rate for 2020

Written by csdesign on . Posted in Drug Testing, Motor Carrier Compliance.

The Federal Motor Carrier Safety Administration announced in the Federal Register on December 27th that they are increasing the random drug testing rate for safety sensitive employees for 2020 from 25% annually to 50% annually as a result of the MIS data for the most recent reporting year indicating that the positive rate is greater than 1%. For the official Federal Register announcement please see https://www.fmcsa.dot.gov/regulations/notices/2019-28164

A large train travelling through hills in Southern Arizona

FRA Announces 2019 Random Testing Rates

Written by csdesign on . Posted in Drug Testing.

The Federal Railroad Administration announced in the December 28, 2018 Federal Register that the random drug and alcohol rates for 2019 will remain unchanged.  The annual random testing rate for Covered Service Employees will remain at 25% for drug and 10% for alcohol and Maintenance of Way Employees will remain at 50% for drug and 25% for alcohol.