How does HR 3884 – Marijuana Opportunity Reinvestment and Expungement Act of 2019 affect your team? Dramatically if you have DOT employees in a state in which marijuana is legal.
Currently, all employers are required to test all DOT and safety sensitive employees to ensure they are free from the use and presence of marijuana, opioids, cocaine, amphetamine/methamphetamine and PCP. This applies to safety-sensitive employees defined by the FAA, FMCSA, FRA, FTA, and PHMSA.
49 CFR Part 40, or Part 40, as we call it, is a DOT-wide regulation that states how to conduct testing and how to return employees to safety-sensitive duties after they violate a DOT drug and alcohol regulation. Part 40 applies to all DOT-required testing, regardless of what DOT agency-specific rule applies to an employer. For example, whether you are an airline covered by FAA rules or a trucking company covered by FMCSA rules, Part 40 procedures for collecting and testing specimens and reporting of test results apply to you. Each DOT agency-specific regulation spells out who is subject to testing, when and, in what situations for a safety-sensitive employee.
However, this may all change if HR 3884 is passed. After the passage of this bill, should states be authorized by law to deem marijuana as lawful, or if any of the drugs in the Federal testing panel become rescheduled below Schedule II, the direct result is that HHS and DOT WILL NOT BE ALLOWED to test for that substance.
At this time, marijuana is not legal in Texas, nor has this bill been passed. Therefore, employers are still required to test all DOT employees for marijuana and permitted to test any employee for marijuana. We will keep you updated as to any future changes that would affect your drug testing program.