The Dept of Transportation has issued a notice about medical marijuana use. In their 12/3/12 release they state that regardless of new state laws the Dept continues to clasify marijana as a sch 1 drug. MRO’s can not accept physican recommendations as grounds for a negative finding.
Can I refuse to take a drug test at work? The answer is no. A refusal is considered a postive test result.
Your employer or prospective employer should have given you the names of SAP’s.In the event you were’nt given names that I would suggest a google search using “DOT Substance Abuse Evaluations” as a search title. DOT SAP’s are the most qualified. The hospital based evaluators and DUI program counselors are not the indivuals who are DOT qualified and they are often conducting screenings for treatment programs.Contact Robert W Harelson PsyD,SAP at http://www.dot-substanceabuseevaluations.com
Companies have different policies but most often they will not consider an applicant once they fail a drug test. Third party administrators ( DISA, ASAP) will exclude an individual from employment for 6 months. The best course of action is to have a substance abuse evaluation and an experienced SAP can advise you as to companies policies.For additional information contact Robert W Harelson @ http://www.dot-substanceabuseevaluations.com.
Companies establish drug and alcohol ploicies. If you are represented by a union contact your union representative.Unions typically address this issue in their contract negotiations. Companies establish a range of different policies. They range from a second chance policy. This typically involves the employee seeking a substance abuse evaluation and complying with the recommendations. The next possibility is a suspension usually from 30-60 days which also involves a substance abuse evaluation. The final policy is termination with no possibilty to be rehired. The bottom line is if a company feels that individual is a valued employee they will work to find a way to continue employment.For additional information contact Robert W Harelson PsyD,SAP @ http://www.dot-substanceabuseevaluations.com.
According to the DOT regulation 49 CFR Part 40, all companies with safety-sensitive employees that test positive on a random, pre-employment, reasonable suspicion or post-accident test, must be given Substance Abuse Professional (SAP) referrals. If an organization fails to do so, they can be subject to severe fines by the Department of Transporation (DOT). Contact Robert W Harelson PsyD,SAP at http://www.dot-substanceabuseevaluations.com