FAQs

E Code of Federal Regulations – http://www.dot.gov/regulations.html

Question: Do I have to give an SAP referral for a positive pre-employment test since I haven't hired the employee?

Answer: Yes. 49 CFR 40.287
As an employer, you must provide to each employee (including an applicant or new employee) who violates a DOT drug and alcohol regulation a listing of SAP's readily available to the employee and acceptable to you, with names, addresses, and telephone numbers. You cannot charge the employee any fee for compiling or providing this list. You may provide this list yourself or through a C/TPA or other service agent.

Question: Will a medical marijuana recommendation be cause for a drug test to be reported as negative?

Answer:
1.)  The Department of Transportation does not recognize medical marijuana as valid.  Any employee that tests positive for marijuana must be removed from a safety sensitive position whether they possess a medical marijuana recommendation or not.
2.)  For Non-Regulated companies, the test will report out as positive but the employer has the option to accept a medical marijuana recommendation as valid.  This should be laid out in their company's Drug and Alcohol Policy, and must comply with state or city laws as well.