b'Business Management CSIA 27marijuana use under 49 CFR Part 40 and HHS Mandatory Guidelines. What DOT-Regulated Employers Should Do Right NowThe Carve-Out Solution Action Checklist for HR, DERs, and Trucking industry experts and attorneysCompliance Leaders CENTRAL STATES INSULATION ASSOCIATIONare pushing for an explicit carve-out thatImmediate (This Week)preserves DOTs testing authority regardless1. Send an employee memo stating the following of marijuanas scheduling status. This carve- points clearly:out could come via any of the following1. Marijuana is still a controlled substance mechanisms: under federal law.Congressional action: A statute explicitly2. Your drug testing policies remain unchanged. authorizing DOT marijuana testing for safety- 3. Safety-sensitive positions are prohibited sensitive workers. from using marijuana, both on and off duty. 4. Testing will continue as scheduled.Regulatory clarification: DOT, HHS, and DOJ issuing joint guidance that Schedule III2. Reaffirm supervisor training on reasonable marijuana remains testable under 49 CFRsuspicion. Document any observations of Part 40. impairment or policy violations using your current procedures.Technical amendment: An update to HHS Mandatory Guidelines that creates an exception3. Confirm testing panels with your TPA (Third-for safety-sensitive DOT positions. Party Administrator) or MRO (Medical Review csiaonline.org'