b'26 Business Management (continued from pg 25)Reasonable Suspicion and Post-Accident TestingAll existing protocols for reasonable suspicion testing and post-accident investigation remain in force. Train your supervisors and managers to document and report suspected impairment using current procedures.Federal-State ConflictsWhile some states have legalized marijuana, federal safety-sensitive rules have always superseded state law. In other words, an employees legal status under state marijuana law Schedule I controlled substance under federaldoes not protect them from a law. failed federal drug test or DOT violation.What Does Not Change for EmployersThe Impact of Rescheduling on Today the Trucking IndustryDedicated to keeping its members at the forefront in their industryYour workplace policies, drug testingThe trucking industrys concerns about procedures, and consequences for positivemarijuana rescheduling are rooted in a tests remain exactly the same. Heres whattechnical and legal question: Who has the stays in place: authority to test for THC after rescheduling?Does Marijuanas ReschedulingHeres the problem. Current DOT drug testing Change DOT Drug Testing Rules? authority flows through HHS Mandatory All current DOT drug testing requirementsGuidelines for Federal Workplace Drug under 49 CFR Part 40 remain in effect.Testing Programs, which authorize testing Marijuana is still a tested substance for allonly for Schedule I and Schedule II controlled safety-sensitive positions, including trucksubstances. Once marijuana moves to drivers, airline pilots, school bus drivers,Schedule III, HHS-certified laboratories train engineers, transit operators, aircrafttechnically would no longer have authority to maintenance personnel, and pipelinetest for it under those guidelines.emergency response workers.Without an explicit carve-out or statutory Current Testing Panels fix, rescheduling could strip the DOT of its Your five-panel drug test (marijuana, cocaine,ability to test for marijuana. The National amphetamines, opiates, and PCP) isTransportation Safety Board (NTSB) has unchanged. Continue your pre-employment,cautioned the DEA that moving marijuana to reasonable suspicion, post-accident, andSchedule III would, upon becoming effective, return-to-duty testing as scheduled. immediately prohibit continued testing of safety-sensitive transportation employees for The InsulatorJanuary 2026'