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This is the question that many people ask due to the rise in recreational and medical marijuana. With many states beginning to legalize the drug it has has caused many issues in the workplace for employees and employers. The controversy is that employers have to ask themselves is marijuana use affecting job safety and should it be allowed even with a prescription?

Marijuana Controversy

Christine Clearwater, president of Drug-free Solutions Group, specializes in substance abuse prevention in the workplace. She says marijuana legalization should not lead to more lenient employer drug policies. She also states that, the highly politicized battle over marijuana laws can drown out statistics employers need to be aware of:

  • Car crashes involving marijuana went up 300% between 2010 and 2013, and they continue to rise as more states legalize the drug
  • Marijuana is 10 to 20 times stronger today than it was in the 1960s and ’70s
  • Marijuana is an addictive drug

It is very important for employers to issue a drug policy based on the safety of employees, not based off of legal or ethical concerns. Having a drug policy in tact is a very important business decision, it ensures that the employer will not be held accountable over an employee under the influence in the workplace. Accredited Drug Testing offers Drug Free Work Place policy’s customized the each company and their needs.

Marijuana And Job Safety

The substance THC in marijuana affects many necessary job related skills such as, perception, reaction time, coordination and more. Many people with safe-sensitive positions such as, operating machinery or company vehicles are at a higher risk if under the influence.

According to a study reported by the National Institute on Drug Abuse, employees who tested positive for marijuana had 55% more industrial accidents, 85% more injuries and 75% greater absenteeism compared to those who tested negative. Also impacting the workplace:

  • Decreased productivity
  • Increased worker compensation and unemployment compensation claims
  • High turnover
  • Lawsuits

These are the top 4 things that employers don’t want or try to avoid.  About 1/6 employees has a substance abuse problem. This is why a Drug Free Workplace policy is crucial, not only helps the employers but also helps keep the safety of all employees.

Challenges Of Medical Marijuana

Many medical marijuana-using employees have legally challenged their employers due to a positive drug test result, even when they are prescribed for it. Some states such as, Connecticut, Illinois, Maine and Rhode Island, protect employee rights against disciplinary action for medical marijuana use. However, marijuana is still illegal according to federal law, which classifies it as a Schedule I drug with no accepted medical use and a high potential for abuse. Federal law supersedes state law. Important things to know about medical marijuana:

  • The Americans with Disabilities Actalso sides with the employer when it comes to medical marijuana
  • Most states will not pay worker compensation to an employee who was under the influence at the time of an accident
  • Most state health insurance programs will not pay for medical marijuana.

Drug Free Work Place Tips

Marijuana is the most frequently used drug of abuse in the United States and the drug most often detected in workplace drug testing. In 2014, about 6.8 million adults ages 18 to 25 (19.6%) and about 13.5 million adults ages 26 and older (6.6%) used marijuana. A solid workplace drug policy can go a long way to keeping a company drug-free.

  • Issue quarterly random drug tests to employees, that way you ensure the employees are drug-free all year round.
  • Expand the drug testing panel more than just the 5-panel standard. You can even customize your own panel.
  • Offer hair drug test instead of a urine drug test to ensure more accurate results and a further detection period.
  • Lastly, make sure to have a strong policy enact that management can enforce.

The health and safety of employees is dependent on the employer, therefore it is the employers responsibility to provide a Drug Free Work Place Policy. Everything you need listed above can be provided by Accredited Drug Testing. Visited www.accrediteddrugtesting.com for more information or call 800-221-4291.

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Free Test Program

Terms and Conditions

 

Accredited Drug Testing understands that many Federal Government employees have been required to seek other private employment opportunities due to the Federal Government Shutdown. In an effort to assist those Federal Government Employees with the financial hardship incurred, Accredited Drug Testing will provide any Federal Government current employee one drug or alcohol test at no charge when required to “self-pay” by an employer.

The following conditions apply:

  • Employees eligible to receive this free test must be current Federal Government Employees and must scan or fax proof of Federal Government Employment (Pay stub, Federal ID).
  • Drug or alcohol tests may be scheduled for the following purposes: pre-employment, random, post-accident. This program will not apply to reasonable suspicion testing.
  • Tests may be scheduled at available testing centers Nationwide (in-network).
  • Federal Government Employees who have been required to seek full or part-time employment from non-government agencies may utilize the free test provided they have shown proof that they are a Federal Government Employee affected by the Government shutdown and required to self-pay for the test.
  • Free testing only applies to urine and breath alcohol methods. Hair testing will be discounted by 50% of the standard fee, if required. No other discounts are provided for other testing methods or services.
  • All terms and conditions are final, and this program has no cash value and Accredited Drug Testing reserves the right to make all final decisions regarding eligibility. This program and offer will end upon the reopening of the United States Federal Government ( shutdown ends).

To schedule a drug or alcohol test in conjunction with this program, please call 1-800-221-4291.

It is our hope that all Federal Government Employees return to work soon, and this program will assist in some small way.

James A. Greer, CPCT

President/CEO

Accredited Drug Testing, Inc.

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DOT Drug and Alcohol Consortium

DOT Drug and Alcohol Consortium

DOT RANDOM DRUG & ALCOHOL 

TESTING PROGRAM

(As required by 49 CFR Part 40)

FOR

Federal Motor Carrier Safety Administration (FMCSA)United States Coast Guard (USCG)
Federal Aviation Administration (FAA)Federal Railroad Administration (FRA)
Pipeline & Hazardous Material Administration (PHMSA)Federal Transit Administration (FTA)

Accredited Drug Testing Inc (ADT) serves as a consortium / third party administrator (C/TPA) which manages the entire DOT approved Consortium for DOT regulated companies and DOT covered “safety sensitive” employees. The DOT consortium is cost effective and complies with all requirements of DOT 49 CFR Part 40 which mandates that all “safety sensitive” employees be enrolled in a random drug and alcohol testing program.

The Department of Transportation (DOT) has strict regulations requiring regulated companies and independent operators (CDL License Holders) be a member of a DOT drug and alcohol Consortium, failure to comply with these regulations can result in significant fines and other DOT sanctions. 

The Accredited Drug Testing Consortium ensures compliance with the DOT regulations and customer service is our number one priority.  Our DOT specialist are committed to serving our DOT consortium members in need of a pre-employment drug test, random drug test or breath alcohol test.

A DOT drug test is a 5 panel urine test and all DOT drug tests require a Federal Chain of Custody form, this is a special 5 page form which must be used when a DOT drug test is administered.  Accredited Drug Testing provides all members of our DOT consortium a package of Federal Chain of Custody Forms to be used when taking a DOT drug test.

When joining a DOT Consortium, it is important that the Consortium staff be fully knowledgeable of all DOT regulations regarding 49 CFR Part 40 and the DOT random drug and alcohol testing requirements. Accredited Drug Testing Inc prides itself on providing accurate and professional information and services regarding the DOT Consortium.

Accredited Drug Testing Inc is fully versed in the DOT procedures for pre-employment drug testing, random drug testing, reasonable suspicion drug testing, post accident drug testing, return to duty drug testing and follow up drug testing.

When you and your company are enrolled in the Accredited Drug Testing DOT Consortium, your company will receive a Certificate of Compliance (email and U.S Mail) and when any of your drivers or other safety sensitive employees are selected for a random test, the DER (designated employer representative) or you, the independent operator will be sent an email and a phone call will be made to ensure that you and your employee are aware of the selection, provided the closest testing center location and any assistance needed to ensure compliance with the DOT random drug or alcohol test process.

Please Note- If you are currently being audited/inspected or found to be in violation by the Department of Transportation (DOT) and you are calling to join the DOT Consortium or schedule a  DOT drug or breath alcohol test, please advise the Accredited Drug Testing DOT Specialist. 

Accredited Drug Testing, DOT Consortium – Easy, Cost Effective with Immediate Compliance!

For immediate compliance with the DOT Consortium enrollment requirement or to schedule a DOT drug or alcohol test call Accredited Drug Testing at (800)221-4291.

Accredited Drug Testing Inc has a special DOT Compliance Package for independent operators (CDL License holders) and other DOT regulated companies.

Complete DOT Compliance Package – Independent Operators/Small Companies Includes:

  • Pre-employment or Random drug test,
  • Consortium Membership (First Year)
  • Supervisor Training
  • DOT Drug & Alcohol Policy
  • Certificate of Compliance

Additional DOT Drug tests may be ordered at a discount when purchasing the complete compliance package.

Call Accredited Drug Testing for additional information and fees (800)221-4291.

To Review DOT 49 CFR Part 40 Regulations- CLICK HERE

Who’s Covered?

  • Truck Drivers- CDL Operators
  • Train Engineers
  • Boat Captains- Officers
  • Airplane Mechanics
  • Airline Pilots- Flight Attendants
  • Pipeline Workers

Additional companies/operators subject to DOT Drug & Alcohol Testing

  • If you or your company operate vehicles with a gross weight rating of 26,001 or more pounds
  • If you or your company operate vehicles which can transport 16 or more passengers. (including the driver)
  • If you or your company operate vehicles which transport hazardous materials.

DOT Random Drug & Alcohol Testing

The Department of Transportation (DOT) requires that all covered employees be enrolled in a DOT approved Random Consortium Selection Program. The selection of any covered employee must be made by a computerized selection process and any covered employee selected for a drug and alcohol test must immediately proceed to take the test once notified.

The Department of Transportation (DOT) determines the percentages that each consortium must select for a drug & alcohol test. As an example the FMCSA Consortium must select 25% of its members for a drug test annually and 10% for an alcohol test.

The Accredited Drug Testing Inc DOT random drug testing program notifies covered employees by email and a phone call and provides the location of the closest testing center for the covered employee to go and take their drug and alcohol test.

Failing to take a random drug or alcohol test once selected can result in substantial fines and penalties by the Department of Transportation (DOT).

Accredited Drug Testing Inc provides a DOT approved random selection Consortium for covered employees who are required to comply with DOT random testing requirements.

Random Testing Requirements For Each Federal Agency DOT Consortium 

  • FMCSA – Federal Motor Carrier Safety Administration – 25% drug and 10% alcohol
  • FAA – Federal Aviation Administration – 25% drug and 10% alcohol
  • FRA – Federal Railroad Administration – 25% drug and 10% alcohol
    • MOW (Maintenance of Way) – 50% drug and 25% alcohol
  • FTA – Federal Transit Administration – 50% drug and 10% alcohol
  • PHMSA – Pipeline and Hazardous Materials – 50% drug
  • USCG – United States Coast Guard – 50% drug

DOT Consortium Employee List Revisions

Quarterly each consortium member will be contacted by the Accredited Drug Testing, DOT specialist and asked to update the company’s  DOT Consortium employee list, prior to the random selection draw (add or remove  employees from the consortium). Companies can remove or add employees to the consortium at anytime prior to the selection date. Maintaining an accurate consortium list is an important service provided by Accredited Drug Testing Inc and requires the cooperation of all Consortium Members.

DOT Post Accident Drug & Alcohol Testing 

The Department of Transportation (DOT) requires that any covered employee immediately proceed to take a drug and breath alcohol test in the event of an accident which falls under the DOT post accident drug and alcohol testing requirements.

When possible the covered employee can contact Accredited Drug Testing Inc and the drug and alcohol test can be conducted at a testing center close to where the accident occurred, however on many occasions a post accident drug and alcohol test will require an on-site/mobile drug testing service which can be provided by Accredited Drug Testing Inc.

DOT Reasonable Suspicion Supervisor Training

The Department of Transportation (DOT) requires that all DOT regulated companies educate and train all supervisors in how to detect employees under the influence of illegal drugs or alcohol.

Supervisors must complete and successfully pass a DOT approved supervisor training course.

Accredited Drug Testing Inc provides a DOT approved Supervisor Training Course which is web based and which will provide a Certificate of Completion at the conclusion of the course. The course is approximately 3 hours in length and maybe accessed at anytime.

DOT Drug & Alcohol Policy

The Department of Transportation (DOT) requires that any regulated company with two or more employees holding safety sensitive positions covered by 49 CFR Part 40 must have a written DOT Drug & Alcohol Policy and all employees must be provided a copy of the policy. Companies must comply with all requirements listed in the DOT drug and alcohol policy.

Accredited Drug Testing Inc specializes in the development and implementation of a DOT Drug & Alcohol Policy – Call Accredited Drug Testing at(800)221-4291

DOT Additional Requirements/Information

The Department of Transportation only recognizes and authorizes a 5 panel urine drug test and a breath alcohol test for compliance with 49 CFR Part 40.

The Department of Transportation (DOT) requires that a Federal Chain of Custody Form (5 Page CCF) be used with all drug screens and that all breath alcohol testing devices be approved by the DOT.

The staff of Accredited Drug Testing Inc are certified and trained in DOT drug specimen collections and DOT breath alcohol testing.

DOT Audits/Inspections

The Department of Transportation (DOT) regularly conducts DOT Audits to ensure compliance with 49 CFR Part 40. These audits can occur due to being recently issued a DOT License (New Entrant) or complaints have been filed against the company or a follow up audit due to previous violations.

When a DOT audit/inspection occurs the following primary factors are considered,

  • Pre-employment drug tests on all covered employees on file
  • Random Pool Membership on all covered employees
  • Reasonable Suspicion/Supervisor Training Completed
  • Written drug and alcohol policy
  • Copy of DOT regulations on file
  • All DOT Licenses are current

DOT Physicals

The Federal Motor Carrier Safety Administration (FMCSA) requires that all drivers holding a CDL License must successfully pass a DOT physical to be issued a CDL Medical Card. The Medical Card is valid for 24months and must be renewed every 2  years with a new physical.

Accredited Drug Testing Inc provides DOT physicals nationwide at most drug testing centers and our affiliated medical facilities. All DOT Physicals are administered by an examiner trained and certified by the FMCSA.

Accredited Drug Testing Inc is your “one stop shopping” for all DOT Drug Testing and DOT Breath Alcohol Testing.

To join the DOT Consortium or schedule your DOT Drug Test or DOT Alcohol Test Call, (800)221-4291

Specializing in DOT drug and alcohol Consortium regulations.

“When You Need A Test, Choose The Best!”

Accredited Drug Testing

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Marijuana-testing-workplace

Colorado Supreme Court: Employers can fire for off-duty pot use

Employers’ zero-tolerance drug policies trump Colorado’s medical marijuana laws, the Colorado Supreme Court ruled Monday.

In a 6-0 decision, the high court affirmed lower court rulings that businesses can fire employees for the use of medical marijuana — even if it’s off-duty.

With the ruling, which was a blow to some medical marijuana patients and a sigh of relief to employers, Colorado became the first state to provide guidance on a gray area of the law.

The decision came nine months after the state’s highest court heard oral arguments in Brandon Coats’ case against Dish Network. Coats became quadriplegic in a car accident and used marijuana to control leg spasms. He had a medical marijuana card and consumed pot off-duty. He was fired in 2010 after failing a random drug test.

Brandon Coats listens as his attorney talks Monday about his case. Coats said he is disappointed in the state Supreme Court ruling that businesses can fire
Brandon Coats listens as his attorney talks Monday about his case. Coats said he is disappointed in the state Supreme Court ruling that businesses can fire employees for the use of marijuana even if it’s for medical purposes and even if it’s done off-duty. (Kathryn Scott Osler, The Denver Post)
Coats, who was a customer service representative for Dish, challenged the Douglas County satellite TV company’s zero-tolerance drug policy, claiming that his use was legal under state law. His firing had been upheld in both trial court and the Colorado Court of Appeals.

DOCUMENT: Colorado Supreme Court affirms ruling

When the case went to the state Supreme Court, legal observers said the case could have significant implications for employers across Colorado. They noted that the ruling also could be precedent-setting as Colorado and other states wrangle with adapting laws to a nascent industry that is illegal under federal law.

At the crux of the issue was whether the use of medical marijuana — which is in compliance with Colorado’s Medical Marijuana Amendment — was “lawful” under the state’s Lawful Off-Duty Activities Statute.

THE CANNABIST
Colorado Marijuana News Site
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That term, the justices said, refers to activities lawful under both state and federal law.

“Therefore, employees who engage in an activity, such as medical marijuana use, that is permitted by state law but unlawful under federal law are not protected by the statute,” Justice Allison H. Eid wrote in the opinion.

Current Colorado law allows employers to set their own policies on drug use.

Coats’ attorney Michael Evans, of Centennial-based The Evans Group, called the decision “devastating.”

He said he does not plan to take the case to the U.S. Supreme Court.

“You need the Colorado Supreme Court to stand up for its own laws,” he said. “The U.S. Supreme Court is not going to do that.”

Resolution at last

On Monday, Coats and his mother, Donna Scharfenberg, spent all morning refreshing the Colorado Supreme Court’s website. When they finally read the ruling, there was 10 minutes of silence.

“It was just kind of shocking,” Coats said. “There was a silent moment there for a long while.”

It was a disappointing resolution to what has been a five-year battle for Coats, who is unemployed.

“This is a controversial issue,” he said. “This is a hard case, and it was going to be a hard case to win. I was definitely hoping it would go the other way around.

“I was feeling like maybe, maybe, but it didn’t go that way.”

Officials with Douglas County-based Dish lauded the decision.

“We are pleased with the outcome of the court’s decision today,” the company said in a statement. “As a national employer, Dish remains committed to a drug-free workplace and compliance with federal law.”

Colorado Attorney General Cynthia H. Coffman said the decision gives companies the freedom to craft their own employment policies concerning marijuana.

“Not every business will opt for zero-tolerance, but it is important that the latitude now exists to craft a policy that fits the individual workplace,” she said.

A question for the legislature

When Colorado legalized recreational marijuana last year, employers across the state increased their drug testing, said Curtis Graves, an attorney for Mountain States Employers Council, referencing a workplace survey at the time. A year later, and with an unemployment rate below 5 percent, some employers have loosened the reins.
“We’ve seen a number of employers, particularly in hospitality … who are actually omitting THC from a pre-employment drug screen,” he said.

The market might dictate a further shift in the future.

Until then, people like Coats will have to consider other treatments or find a position that does not enforce a zero-tolerance drug policy, said Austin Smith, managing shareholder of employment law firm Ogletree Deakins’ Denver office.

“It puts employees in a tough spot,” said Smith, who watched the case closely but was not involved.

Sam Kamin, a University of Denver law professor, said the justices’ decision comes as no surprise.

“It’s easy to make too much of this decision,” he said. “It really comes down to interpreting this one word (‘lawful’) in this one statute.”

As a matter of statutory interpretation, the court got it right, he said.

But for Coats and medical marijuana advocates, this is a blow, Kamin said. He said he thinks the state legislature will take up the issue.

“I think (Coats’) case is very sympathetic, and I think his case would be quite compelling before the legislature,” Kamin said.

Six of the seven justices decided the case. Justice Monica Marquez recused herself because her father, retired Senior Judge Jose D.L. Marquez, was on the Court of Appeals panel that upheld Coats’ firing.

Alicia Wallace: 303-954-1939, awallace@denverpost.com or twitter.com/aliciawallace

Excerpts from the Colorado Supreme Court decision

• “Colorado’s ‘lawful activities statute,’ the term ‘lawful’ refers only to those activities that are lawful under both state and federal law.”

• “Nothing in the language of the statute limits the term ‘lawful’ to state law. Instead, the term is used in its general, unrestricted sense, indicating that a ‘lawful’ activity is that which complies with applicable ‘law,’ including state and federal law. We therefore decline Coats’s invitation to engraft a state law limitation onto the statutory language.”

• “Coats does not dispute that the federal Controlled Substances Act prohibits medical marijuana use. The CSA lists marijuana as a Schedule I substance, meaning federal law designates it as having no medical accepted use, a high risk of abuse, and a lack of accepted safety for use under medical supervision.”

• “Having decided this case on the basis of the prohibition under federal law, we decline to address the issue of whether Colorado’s Medical Marijuana Amendment deems medical marijuana use ‘lawful’ by conferring a right to such use.”

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FMCSA Random Drug Testing FMCSA reduced the required drug testing rate in 2016 from 50% to the current 25% of random drug testing for all ‘Safety Sensitive” regulated employees following years of tests yielding positive results at less than 1 percent.

The decision to lower the rate was due to three consecutive calendar years (2011, 2012, 2013) of drug testing data received in FMCSA’s Management Information System (MIS) survey which showed a positive rate for controlled substances was less than one percent.

On December 13, 2016, The Federal Motor Carrier Safety Administration (FMCSA) announced that it will maintain its current 25 percent random drug testing rate of truck operators in 2017.

All motor carriers will be required to be actively enrolled in a DOT Consortium and be subject to random testing of 25 percent of their drivers in the calendar year. This regulation also includes single owner-operators or leased carriers.

FMCSA requires trucking and bus companies to conduct random drug and alcohol tests at the nationally stipulated percentage.

Per federal regulations, when the FMCSA receives data in their MIS for two consecutive calendar years and reveals that the positive rate for controlled substances is less than one percent, FMCSA has the discretion to lower the annual testing rate to a minimum of 25 percent of a carriers’ driver positions. However, if at any time the positive rate for controlled substances exceeds one percent threshold, the testing rate will automatically revert to the 50 percent benchmark.

The most recent survey data available from 2014 illustrates the estimated positive usage rate for drugs was 0.9 percent.  For 2012 and 2013 respectively, the estimated positive usage rate for drugs was estimated to be 0.6 percent and 0.7 percent. Although there was a slight increase from 2012 to 2014, the positivity rates were still below the 1 percent threshold.

The estimated violation rate for Breath Alcohol Testing for alcohol usage which reflects the percentage of drivers with a blood alcohol content of 0.04 or higher was 0.08 percent in 2014. For 2012 and 2013, the alcohol usage violation rates were 0.03 percent and 0.09 percent, respectively.

To stay up to date on DOT Regulations or to subscribe to our newsletter https://www.accrediteddrugtesting.com/contact

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In San Diego California, police are using new mouth-swab tests to nab drivers under the influence of marijuana and other drugs.  This new method of confirming the presence of marijuana and other drugs in impaired drivers is a mouth-swab device that is already being used by police departments in more than a dozen states and is expected to become more popular with the legalization of marijuana.

The two Dräger DrugTest 5000 machines, which cost about $6,000 each, were donated by the San Diego Police.

What is the DT5000?

The DT5000 utilizes oral fluid to test for the presence of psychoactive components from seven of the most commonly abused drug types, including

  • cannabinoids (THC),
  • opiates,
  • cocaine,
  • amphetamines,
  • methamphetamines,
  • benzodiazepines and
  • methadone

The machine is measured at about the size of a mini bookshelf stereo system.  It allows law enforcement to have an accurate, reliable and easy to use tool to help deter impaired drivers on our roadways.

The DT5000 is leveraged by law enforcement personnel in more than a dozen states during roadside stops and offers quick non-invasive results, as an alternative to collecting urine or blood samples during driving under the influence of drugs (DUID) investigations. The device does not read the level of intoxication; drivers would have to take a lab based urine or blood test for that information or a second mouth swab sent to an independent confirmatory lab for independent analysis.

“It’s a huge concern of ours with the legalization of marijuana that we’re going to see an increase in impaired drugged driving,” Police Chief Shelley Zimmerman said at a news conference.

California voters approved the use and cultivation of recreational marijuana by passing Proposition 64 in November.

In an effort to prepare for the impacts of the law, several San Diego narcotics officers went to Denver to learn how Colorado has fared since recreational marijuana was legalized.  Offcials have found that the region has seen an uptick in drugged driving, Zimmerman said and the numbers have been growing in California as well.

According to the California State office of Highway Safety, in 2014, 38% of drivers who were killed in motor vehicle crashes in California tested positive for drugs, whether legal or illegal.  This number was up from 32% the year before.

“We want to get these impaired drivers off the streets,” the chief said.

The Dräger 5000 has been utilized since 2009 in the U.S. by law enforcement in cities such as Los Angeles, New York, Arizona, Nevada and has also been utilized in other countries such as Australia, Belgium and Germany.

San Diego initially plans to utilize the machines primarily at DUI checkpoints for now. The Dräger 5000 will be used with the same protocols as the handheld preliminary alcohol screening devices (Breath Alcohol Machines) frequently used in the field to test for drivers impaired from alcohol.  Just as alcohol check points, drivers cannot be forced to submit to a Dräger 5000 test.

Officers will initially utilize their training to recognize the symptoms of drug impairment and will first look for various indicators that a driver is high, such as unsafe driving maneuvers, bloodshot eyes, the odor of marijuana and blank stares, San Diego police Officer Emilio Ramirez said. “Once there is ample suspicion of drug use, the officer can then request to perform field sobriety tests or for a driver to take the Dräger 5000 test.”

If the driver refuses at that point, the officer can force the person to submit to a blood test.

How does the Dräger 5000 work?

  • Driver is handed a mouth swab with instructions to run it around the inside of the mouth for up to four minutes.
  • The swab is then placed into the machine, along with a vial of testing solution, and the machine does its work.
  • It takes about six to eight minutes for results to print out.

A positive result will likely send the driver to a police phlebotomist for a blood test to determine precise drug levels.

If the mouth swab test is negative but the officer still has a suspicion of impairment, then a blood draw might still be mandated, because the Dräger 5000 measures for only seven kinds of narcotics, Ramirez said.

When it comes to detecting marijuana, the machine only looks for the active THC compound that is responsible for the high. That component, delta-9 THC, can stay in a person’s system for a few hours or longer, depending on how the cannabis was ingested and how the person’s body processes the drug. The machine does not look for the inactive THC compounds, which can stay in a person’s system for weeks, police said.

In other words, if someone legally smoked marijuana two days ago, there would be nothing to worry about if tested on the machine.

Evidence from the Dräger 5000 will be admissible in court, although the machine is not expected to have a notable effect on how drugged driving cases are prosecuted, attorneys said.

Under California law, there is no legal threshold for the amount of drugs in a person’s system when it comes to driving.

Alcohol cases are more black and white — a .08% blood-alcohol level or higher is illegal.

Officers and prosecutors have instead had to rely on subjective measures and observations to build a case of drug impairment, which can be different from person to person.

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Press Release:

Accredited Drug Testing Inc. Acquires Scheduleadrugtest.com

Accredited Drug Testing Inc, one of the Nation’s leading providers of drug, alcohol, DNA testing and background check screenings announced that it has acquired full ownership of Scheduleadrugtest.com, Scheduleadrugtest.com is a drug and alcohol testing online scheduling resource for employers and individuals in need of a drug or alcohol test.

Orlando, FL, March 24, 2015 –(PR.com)– Accredited Drug Testing Inc, one of the nation’s leading providers of drug, alcohol, DNA testing and background check screenings announced that it has acquired full ownership of Scheduleadrugtest.com, Scheduleadrugtest.com is a drug and alcohol testing online scheduling resource for employers and individuals in need of a drug or alcohol test.James A. Greer, President and CEO of Accredited Drug Testing, Inc. stated “With the addition of Scheduleadrugtest.com to our existing DOT and non DOT drug testing services, our customers throughout the Nation will have greater convenience when needing to schedule a drug or alcohol test. Companies or individuals in need of a drug test for pre-employment, random, court ordered, reasonable suspicion or post-accident can visit the Scheduleadrugtest.com website and schedule a drug or alcohol test online from the convenience of their own home or office.”

Accredited Drug Testing Inc offers five, seven, ten and twelve panel drug tests, drug testing screens can also be customized for K2, spice or other types of drug testing requirements along with various alcohol screenings, including ETG testing. In addition, Accredited Drug Testing Inc. also provides DNA testing for paternity and immigration DNA testing needs. Background checks are also offered in conjunction with drug testing or as a standalone service. In most cases, testing centers are within minutes of your home or office. Accredited Drug Testing, Inc offers DOT and non DOT testing in all States and most cities.

Accredited Drug Testing, Inc. also provides web based (paperless) chain of custody forms for non DOT drug and alcohol tests and in the event a DOT drug test is needed, Accredited Drug Testing, Inc. provides the Federal chain of custody form which is required by the Department of Transportation.Drug test results are emailed after analysis by our certified laboratories and verification by our in house medical review officers.

For more information about Accredited Drug Testing, Inc. or Scheduleadrugtest.com, please visit our website at www.accrediteddrugtesting.com . You may also contact their corporate office at 800-221-4291.

 

 

Accredited Drug Testing Inc. Acquires Scheduleadrugtest.com

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Popular Drug Test Used for Drivers, Pilots Doesn’t Screen for Abused Prescriptions

Aug 19 2016

James Greer, the president of testing company Accredited Drug Testing, said agencies like the Federal Aviation Administration and the federal Department of Transportation only require drivers and pilots to take a five panel drug test, screening for THC, illicit opiates, PCP, cocaine, and amphetamines.

“There’s an assumption… that the five-panel is good enough for the federal government so it ought to in fact cover everything we need to know,” said Greer.

A New Jersey bus driver had only been on the job for 13 days when he pulled out in front a dump truck, resulting in a crash that killed 11-year-old Isabelle Tezla.

The National Transportation Safety Board was brought in to investigate the 2012 Chesterfield crash, which caused the bus to spin around like a top before slamming into a light pole. The driver had recently passed the nation’s most commonly used drug test, but the investigative body ultimately said the driver’s “reduced vigilance” due to fatigue and the “sedative effects from his use of prescription medications” contributed to the crash.

The I-Team found that the test the driver passed – a five-panel drug test – didn’t screen for the drug he was using, the powerful prescription opiate Tramadol. The test, which is the federal standard for commercial drivers and pilots, checks for illegal drugs but not the most commonly abused prescription drugs.

“The industry standards need to change, it’s not just what the federal government requires,” said Heidi Villari, the Tezla family’s attorney.

He said an enhanced test, or a 10- or 12-panel test would catch more drug users, but it is rare that companies pay more for the more thorough test.

Dawn Nappi, a spokeswoman for Mothers Against Drunk Driving, has devoted her life to pushing for stricter drugged driving laws after her daughter 14-year-old Angelica was killed by a drugged driver when she was just 14 years old. She said it was disturbing that prescription drug addicts could slip through the cracks.

 “It’s very scary because you are eliminating testing for drugs that a lot of people are taking,” Nappi said.

She added, “They are taking your life in their hands.”

The Department of Health and Human Services, which sets drug testing policy, says they issued proposed changes last year to expand testing to include four additional prescription medications.

But drug testing experts say that proposal may take up to two years yours to go into effect. In the meantime, they say, the public is in danger. As for Tezla’s case, the driver never faced criminal charges and the bus company settled a civil case with the family.

 


For information regarding the effects of drug abuse – Click Here
For  information on a drug free work place – Click Here
For  information on substance abuse programs – Click Here
For information on DOT Drug / Alcohol Testing requirements – Click Here

Brandon Rains
Director Of Online Marketing
https://www.AccreditedDrugTesting.com
(800) 221-4291
Accredited Drug Testing Inc
Health Screening USA Inc

on

 
Florida Medical MarijuanaMany Floridians are cheering because today is the day that Amendment 2 Is in effect. The future of medical marijuana became more optimistic when Amendment 2 was passed in November’s election.

On Tuesday Jan. 3, Florida’s newest constitutional amendment goes into effect which expands the scope of medical marijuana in the Sunshine State.

Amendment 2 has had a troubled history in the past with Florida and when it first was placed on the ballots in 2014 the opposition was fierce. The major opposition at that time was Drug Free Florida who ran an intense attack campaign against the measure and it failed.

In November, the opposition was much less and voters overwhelmingly backed the measure, approving it with 71 percent of the vote.  Amendment 2 is designed to expand the use of medical marijuana. As the Amendment currently reads, low-THC marijuana is only available to patients suffering from debilitating illnesses like cancer and epilepsy. Under the new regulations, those conditions will be expanded to include HIV/AIDS, Parkinson’s disease, glaucoma and other conditions licensed practitioners see as a debilitating illness.

Not every licensed physician will be licensed to prescribe medical marijuana. However, Doctors’ who want to prescribe the drug must complete an eight-hour course and an examination and patients must be under the doctor’s care for at least three months before they’re given the approval for medical marijuana.

Per the Florida Department of Health, there are only 340 physicians statewide currently registered to prescribe medical marijuana.

Dispensaries have been working tirelessly to ensure that they are ready for an influx of patients requesting the drug. In Florida, there have been seven organizations have been in discussions to dispose medical marijuana, but only five have been authorized to do so.

State lawmakers will also have to decide the future of regulating the drug once Amendment 2 is 100% in effect. Florida lawmakers are working on a time crunch and they will need to partner with the Florida Department of Health within a six-month time frame to revise the current dispensing rules as they stand.

Once they have been revised, they will have up to nine months to implement those rules, which could throw a snag into the dispensing of the state’s newest prescription drug.

For information regarding the effects of drug abuse – Click Here
For  information on a drug free work place – Click Here
For  information on substance abuse programs – Click Here
For information on DOT Drug / Alcohol Testing requirements – Click Here

John Burgos, CPC
Business Development Manager
https://www.AccreditedDrugTesting.com
(800) 221-4291
Accredited Drug Testing

on

April 29, 2017 – 10AM to 2PM

This year’s National Prescription takeback day will be held on April 29, 2017 between 10:00am and 2:00pm.

The National Prescription Drug Take Back Day aims to provide a safe, convenient, and responsible means of disposing of prescription drugs, while also educating the public about the potential for abuse and medications.

The 2016 Prescription take back event was the most successful in recent years since its inception in 2010.  Last year illustrated Americans’ understanding of the value of this service.

In 2016, the DEA partnered with over 4,200 of its state, local, and tribal law enforcement partners collected 893,498 pounds of unwanted medicines—about 447 tons—at almost 5,400 sites spread through all 50 states, beating its previous high of 390 tons in the spring of 2014 by 57 tons, or more than 114,000 pounds.

2016 Top 5 States Participating

  1. Texas (almost 40 tons);
  2. California (32 tons);
  3. Wisconsin (31 tons);
  4. Illinois (24 tons); and
  5. Massachusetts (24 tons).

Recent studies have indicated that most prescription drug abusers report that they get their drugs from friends and family. With the success of National Prescription Takeback Day, it is promising that many Americans understand that cleaning out old prescription drugs from medicine cabinets, kitchen drawers, and bedside tables reduces accidents, thefts, and the misuse and abuse of these medicines, including the opioid painkillers.  This is a huge impact in as much that opioid painkillers accounted for 20,808 drug overdoses (78 a day in 2014 which is the most recent statistics from the Centers for Disease Control and Prevention). The studies also show that 8 out of 10 new heroin users began by abusing prescription painkillers and moved to heroin when they could no longer obtain or afford those painkillers.

“These results show that more Americans than ever are taking the important step of cleaning out their medicine cabinets and making homes safe from potential prescription drug abuse or theft,” said DEA Acting Administrator Chuck Rosenberg.  “Unwanted, expired or unused prescription medications are often an unintended catalyst for addiction.  Take-Back events like these raise awareness of the opioid epidemic and offer the public a safe and anonymous way to help prevent substance abuse.”

Where did the National Prescription Takeback Day Come From?

This event stemmed from the final rule called the Secure and Responsible Drug Disposal Act of 2010 (“Disposal Act”)

What is the Drug Disposal Act?

The Drug Disposal Act amended the Controlled Substances Act (CSA) to give the DEA authority to endorse new regulations, within the framework of the CSA.  This would allow an “ultimate user” to deliver unused pharmaceutical controlled substances to appropriate entities for disposal in a safe and effective manner consistent with effective controls against diversion. The goal of the Disposal Act is to encourage public and private entities to develop a variety of methods of collection and disposal in a secure, convenient, and responsible manner.

Who is an “ultimate user”?

The Controlled Substances Act defines an “ultimate user” as “a person who has lawfully obtained, and who possesses, a controlled substance for his own use or for the use of a member

Will there still be take-back events every six months?

Law enforcement may continue to conduct take-back events at any time. Any person or community group, registrant or non-registrant, may partner with law enforcement to conduct take-back events. The DEA encourages communities to partner with law enforcement to continue to conduct take-back events.

The DEA will continue to sponsor nationwide take-back events in the spring and fall. DEA will continue to encourage local law enforcement to implement additional take-back efforts conducted in accordance with the new regulations.

Can I dispose of illicit drugs through a collection receptacle, mail-back package, or take-back event?

How can I safely and securely dispose of my unwanted marijuana?

NO!  Individuals may not dispose/discard any illicit drugs (e.g., schedule I controlled substances such as marijuana, heroin, LSD) through any of the three disposal methods.

Furthermore, individuals may not dispose of any controlled substances that they do not legally possess. This includes schedules II-V controlled substances that are illegally obtained and possessed.

 Are there environmental impacts?

Disposed pharmaceuticals must be rendered non-retrievable in compliance with all applicable Federal, State, tribal, and local laws, including those relating to environmental protection. By expanding options on how ultimate users may dispose of their pharmaceutical controlled substances, fewer of these substances may end up in our nation’s water system.

For more information on the DEA’s Takeback Initiative or to find a collection site near you Click Here