b'THE OFFICIAL NFBA MAGAZINEcontinued from page: 9in force. Train your supervisors and managers toWhat DOT-Regulated Employers document and report suspected impairment usingShould Do Right Nowcurrent procedures. Action Checklist for HR, DERs, and Compliance Federal-State Conflicts LeadersWhile some states have legalized marijuana, federalImmediate (This Week)safety-sensitive rules have always superseded state law. In other words, an employee\'s legal status under1. Send an employee memo stating the following state marijuana law does not protect them from apoints clearly:failed federal drug test or DOT violation. 1.Marijuana is still a controlled substance under BUSINESS MANAGEMENTThe Impact of Rescheduling on thefederal law.Trucking Industry 2.Your drug testing policies remain unchanged.The trucking industry\'s concerns about marijuana3.Safety-sensitive positions are prohibited from rescheduling are rooted in a technical and legalusing marijuana, both on and off duty.question: Who has the authority to test for THC after4.Testing will continue as scheduled.rescheduling? 2. Reaffirm supervisor training on reasonable Here\'s the problem. Current DOT drug testingsuspicion. Document any observations of authority flows through HHS Mandatory Guidelinesimpairment or policy violations using your for Federal Workplace Drug Testing Programs, whichcurrent procedures.authorize testing only for Schedule I and Schedule3. Confirm testing panels with your TPA (Third-II controlled substances. Once marijuana moves toParty Administrator) or MRO (Medical Review Schedule III, HHS-certified laboratories technicallyOfficer). Verify that your five-panel tests are still would no longer have authority to test for it underconfigured to include marijuana.those guidelines. Short-term (Next 30 Days)Without an explicit carve-out or statutory fix,1. Audit your company\'s drug policy to ensure the rescheduling could strip the DOT of its ability tofollowing:test for marijuana. The National Transportation1. Federal preemption language is clear (federal Safety Board (NTSB) has cautioned the DEA thatlaw supersedes state law for safety-sensitive moving marijuana to Schedule III "would, uponpositions).becoming effective, immediately prohibit continued testing of safety-sensitive transportation employees2. Safety-sensitive job titles are precisely for marijuana use under 49 CFR Part 40 and HHSdefined.Mandatory Guidelines." 3. Consequences for positive tests and policy The Carve-Out Solution violations are documented.Trucking industry experts and attorneys are pushing4. Return-to-duty procedures include a DOT for an explicit carve-out that preserves DOT\'s testingSubstance Abuse Professional (SAP) authority regardless of marijuana\'s scheduling status.evaluation.This carve-out could come via any of the following2. Monitor federal agency notices from the DOT, mechanisms: DEA, HHS, and the Department of Justice. Congressional action: A statute explicitlySubscribe to transportation compliance alerts and authorizing DOT marijuana testing for safety- industry association newsletters to remain up to sensitive workers. date.Regulatory clarification: DOT, HHS, and DOJ3. Prepare a 30-day update plan in case federal issuing joint guidance that Schedule III marijuanaagencies issue new guidance. Identify who remains testable under 49 CFR Part 40. on your team will communicate changes to Technical amendment: An update to HHSemployees, TPAs, and safety managers.Mandatory Guidelines that creates an exceptionOngoingfor safety-sensitive DOT positions. 1. Stay engaged with industry groups to understand 10 / FRAME BUILDER - VOL6 6'