Frequently Asked Questions

Is it illegal to perform a hand check of a donor’s pockets, waist, and thighs to prevent contraband from being utilized during testing?

It is completely legal to require a donor or candidate to submit to a secondary hand check or observed collection to assure the validity of the specimen being collected. It is advised that the donor be advised of the process via a consent form for later reference. Legally, a private, unregulated (as in not regulated by federal or DOT mandates) company or other entity requiring the drug test and paying for the drug test can require (almost) any additional measures they want to assure the validity of the specimen, including performing ONLY observed collections, etc. While we do our absolute best to adhere to our clients’ needs and protect the integrity of their testing programs, we always recommend consulting a lawyer before implementing any radically unusual protocol.

Have there been any updates concerning CBD oil?

As of May/June 2021, the state of Georgia is pretty clear on its CBD laws where THC is concerned. Only those with certain afflictions can apply for a “Low THC Oil Registry Card” that allows them to possess up to 20 fluid ounces of low THC oil. CBD oil with a concentration LESS than 0.3% THC by weight. This means you DO need to be careful with any product you purchase as there have been many reports of adulterated products, mislabelled products, and forgeries being sold as pure CBD oil. Make sure whatever oil you wish to use has a certificate of purity. Make sure that certificate is from a reputable lab, and to be safe, we always recommend you test yourself or come see us for testing to be sure that you’re still within legal limits. If you find you are not, stop using the CBD product!!! As far as employment goes, a company can set whatever limits they like for THC testing. We highly recommend, and all of our clients so far agree, that the best option is to keep the levels set by the federal government as “under the influence” This is not a trace amount. We are specifically looking for THC metabolites over a certain level, called a Threshold Detection Level. All non-negative test are also confirmed by a certified laboratory. If you have more questions, PLEASE feel free to email us!

Our company employs drivers regulated under the Federal DOT requirements. I heard there’s a new Clearinghouse that I need to sign up for, but I don’t understand why or what it is supposed to involve.

The DOT Clearinghouse is a portal for uploading any and all pertinent information about each and every DOT regulated driver’s drug screen violations, if any. This includes any driver with a CDL that operates a CMV on a public road. Employers are required to run pre-employment queries as well as annual queries for continued employment. Other entities are required to report violations. Drivers themselves are required to have an account to approve the queries being run on them. For basic information regarding the Clearinghouse, please review this free convenient factsheet!

What does it mean when the lab returns a “Negative Dilute” result and what do I need to do now?

A “Negative Dilute” result means that the lab could not find the presence of drugs above the cutoff level, but that the concentrations of proteins usually present in a valid sample were diluted. In many cases, this is due to over-hydrating on a hot job site (we see this most frequently with randoms and post-accident/injury testing) or attempts at masking or flushing the system of drugs (most often in pre-employment tests). If the lab returns a “Negative Result”, we recommend that the candidate be instructed to return to repeat the testing. We recommend that for new hire candidates, you have a clause in your policy specific to negative dilute results. Please call us for any questions.

What referral form do I need to send a candidate to a local doc-in-a-box?

First, do you have a Lab account? If you do a lot of out-of-town (as in not Metro Atlanta) testing, you may want to consider having a lab account just in case. When you go to a doc-in-a-box for local, immediate service, they usually are not set up to do instant tests like our facility in Atlanta is. They will collect a specimen, package it up, and send it to the lab they use. It is imperative that you locate an office that will send the specimen to the lab of your choice before you send your employees there. With that in mind, if you do have a lab account, you can simply send your employee with a CCF (chain of custody form) as they are pre-printed with your company info and account number. If you don’t have any CCFs left, you can send a written form with your company information and lab account info printed on it. Call us so we can provide you with one of these universal forms and then order you more CCFs. If you don’t have a lab account at all and don’t want to set one up, Please call us so we can help identify and solve your issue. Many times, you can utilize our account, but we will not know who you sent or the date, so you will need to provide us with that information to get the result directly from us.

I have a long term employee that has become so absent minded I am suspicious of drug use. Is it appropriate for me to request he go take a drug test?

The situation described is actually a management issue. The need for reasonable suspicion drug or alcohol testing should be determined by the concern that an employee is actually under the influence at work in the performance of his/her duties. So, how does one do this? If there is any question of an employee risking safety, an accident or injury to co-workers, the public or himself/herself, then reasonable suspicion is warranted. The employee should be pulled from safety sensitive duties and escorted to a collection facility for testing. If none of these concerns apply, it’s substandard work performance – if a drug test is performed and you get a negative, what will be solved? You still have an absent minded employee, you spent money for nothing, you will have ‘egg’ on your face for asking for the testing (not legally just a play on words) and you will have to address the situation.

Do CBD oils normally show up in testing? I have had questions from a couple of employees who said they had it prescribed for various issues

Okay. So there’s two things these employees may actually be saying: 1.They have a severe condition and they really do have a medical marijuana card from the state or 2. I “take CBD” because I heard it’s popular and I’m going to use this as an excuse because I actually smoke pot and don’t want to get in trouble. To answer both of these situations…

1. In the state of Georgia, Low THC CBD oil is legal for LIMITED conditions including Multiple Sclerosis, some seizure conditions, and many end-stage terminal diseases. I would imagine that most (if not all your employees) are free from these conditions. Additionally, doctors cannot PRESCRIBE this oil, since their governing bodies are national accrediting agencies, meaning if they did, they could lose their licenses since marijuana is still illegal federally. Additionally, the law doesn’t allow for sale, purchase or transportation of said oil in the state, so technically, if they have this low THC oil, they obtained it illegally, even if they have a marijuana card. (Isn’t government great!!?? Ugh!) if someone is saying they have a prescription for THC-containing CBD oil, they must be able to present their state-provided medical marijuana card to the MRO as proof. And even then, you may want to consider how to address that per your policy. For safety’s sake, I would still bar this person from safety-sensitive duties, especially since they would have a psychoactive compound in their system AND a debilitating disease. LOW THC CBD oils are NOT prescribed by doctors in Georgia and require very specific conditions to be allowed to use, for example, only 4000 persons in the state have applied and have been accepted into Georgia’s medical marijuana program. Additionally, the state mandated a max content of 5% THC in CBD oil for these circumstances.
2. CBD oil IS legal in Georgia, even though it is a product of the cannabis plant. Many drug stores, head shops, and even gas stations sell it. These oils usually do not have any THC in them, however there are very few regulations on these products currently and manufacturers may not list a THC level  on these bottles. Additionally, online CBD purchases from THC-legal states may contain THC. It is up to the individual to have their CBD oil tested for THC content to ensure that they can pass a drug screen. CBD oil itself is not a problem, because it contains no THC. These are two different cannabinoids (substances) within the Marijuana plant. One (THC) has psychoactive properties while the other (CBD) does not. They both affect different receptors in the brain.

If a DOT driver selected for a random drug screen has been selected before, can another selection be performed to replace that driver with one who has NOT been selected?

While this is a good question, we must remember the reasons for performing randoms. Since DOT selections are federally regulated, we perform the selections for our clients at the federally required rates of 10% for alcohol and 25% for drugs. These selections are forwarded to our clients to notify candidates and send for testing. While we recognize the need to get a good sampling of the pool, i.e. we don’t want to pick the same people all the time, a random is just that- random. That means that someone can be selected more than once. That’s the beauty of the random selections. Your employees need to understand that they can be selected anytime for a random drug screen and the more visible your program is, the better. We try to make sure that the same person isn’t selected too many times (and we will occasionally reselect if we notice that is happening), but in the case of DOT testings, we almost always recommend that you send the person selected for testing, regardless of whether or not that person has been tested before. Additionally, clients with 3 or fewer drivers the DOT requires them to be included in a larger pool called a consortium. This groups a number of smaller companies together so they all have an equal chance of being selected, but without reducing the effectiveness of the random policies.

If you are around someone who regularly, or constantly, smokes marijuana, is there a possibility of testing positive on a drug test?

The level used for workplace testing is 50 ng/ml for the initial EMIT screen, 15 ng/ML for the GCMS confirmation. At these levels the subject is likely compromised as to judgement and reaction time. According to GA Law, if the levels are at or above, it’s a positive and subject to employer disciplinary actions, legally. Having said that, the levels cited are not casual use levels with the lab stating generally that one would have to smoke twice weekly to test positive for longer than 3-4 days. The metabolite builds up in the system with regular use taking longer to be excreted, as long as 30-45 days when used twice weekly or more. Studies by the Federal Government specific to setting the levels for DOT regulations have shown that second hand smoke would not likely result in a positive at the levels used for workplace testing. That is specifically why the levels are where they are. The intent is NOT to ‘catch’ casual users but those that are likely compromised and at higher risk for accidents and injuries.

When should companies do their pre-employment drug testing, post-offer, post-acceptance, after on-boarding?

It is legislated the post offer test take place at the time the employer makes the offer of employment. The applicant is to be cleared with a negative result only before they are placed on the payroll or report for duties and orientation. This is a requirement for DFWP Certification, plus it saves you time, energy and screens out problematic applicants before they become a part of your business, thus reducing risk.

What’s the difference in performing instant tests during randoms vs. sending the specimens to the lab?

When a company performs random drug screening, they are employing procedures that limit liability and the chances that there could be an accident or injury due to employees under the influence of prohibited substances. If you choose to perform an instant test during a random you are immediately opening yourself up to a liability lawsuit. Consider this: an employee submits to a random drug test with an instant device. The instant device indicates a non-negative: something in the employee’s system that is prohibited. Do you let the employee go back to work and risk an accident or injury on the job? You would be liable for any damages if you did, since you were aware that there was a prohibited substance in the employee’s system. Do you send the employee home and wait for the confirmation results to come back? If they come back negative from the lab, you are responsible for paying the employee his lost wages for time off work for confirmation testing- money that he or she didn’t “earn”. The other option? Limit your liability by sending ALL random specimens to the lab for testing. You have no liability because you have no knowledge of what the results will be when they are released. Congratulations!! You’re safe!

What referral form do I need to send a candidate to a local doc-in-a-box?

First, every doc-in-a-box is independently owned- there are no standards. What may be fine for a doc in Lawrenceville, may not be good enough for one in Powder Springs or Mableton or Decatur. What we can say with certainty, however, is that you’re better off sending them to our Maynard Terrace facility. The fact of the matter is that this person does not yet work for you. You don’t have to worry about time on the clock for this candidate. You can tell them to drive wherever you want to get a drug test. Guess what? If they can’t follow directions now to do what you ask, do you think they will follow them later on the job site? You also get top-notch service that is consistent and informative. If anything wonky goes down, you’re going to know about it. Will your local doc do that for you? The best thing? We only need an email to authorize your drug test request. Just shoot it over and we’ll get your candidate through! Shop around. See what works best for you, and then send them to us. Remember- we’re here just for you.

I sent an employee to get a post-accident drug test, but they didn’t go where I told them to go. What do I need to do?

Let’s start by saying this: If you sent a new-hire candidate for a drug test and they didn’t go where you directed them, would you still hire them? No. You don’t need someone on your staff who doesn’t follow directions. In the same way, this current employee, by going to a different location than is required, is refusing to follow instructions. If you are good at documenting (and all of our clients should be), you know that an employee that does not follow instructions needs to be documented as insubordinate. Now there is always the chance they “just didn’t understand”, but that’s not the point here. Your office should have post-accident/ injury procedures posted in a visible area (break room/ locker room, etc) to combat the “didn’t know” excuse. The list of acceptable medical facilities for on-the-job accident attention should also be posted (legally required). If your employee does not go to one of the acceptable facilities, they are out of compliance- they should be written up, and there may then be some complications with billing. Consider this: normally, the employer pays for a drug screen from an acceptable facility (Workright’s downtown office, for example), but if the donor goes to a different facility (Concentra), should the employer pay for the result? Of course not. It’s not an acceptable facility. Aaah, but wait! If the company doesn’t pay for the test, the company doesn’t own the results and may or may not have legal access to the results, depending on the consent given by the employee/ donor. So what is a company to do? Pay the (potentially) higher fee to the testing company and write the employee a citation. That’s all you can do. Document. Document. Document.

Where can I find a good EAP and who should I use?

We have worked very closely with CCI (Counseling Connection Inc.) since our inception. They do a wonderful job of managing our clients’ EAP programs and are always available to answer any questions. They are also on our preferred provider list! You can find CCI on the web here.

Will CBD cause me to have a positive drug screen for THC?

CBD is a cannabinoid that is derived from the hemp plant. THC is also a cannabinoid, but difference in that it has psychotropic properties- it’s the stuff responsible for getting you high. CBD oil usually has very low amounts of THC, if any at all. The responsibility, though, is all yours. The consumer is responsible for verifying the purity of their CBD oil/ tinctures/ capsules, etc. According to research done by The Cannabist, “Look on the company or product website and assess the credibility and transparency of the company. Make sure you see analytical test results of the same product lot number you are consuming. It’s important to be confident in the company supplying your CBD products by knowing the potency and safety of the products.” CBD products shouldn’t contain any THC at all to prevent any risk of a positive result on a drug screen

When you get a call giving you reason to suspect one of your employees is using, what do you do?

The first thing you need to do before anything else is document the information you are given. Document the time of the call, the person’s name, if possible, and any information they give you. This proves the point of reasonable suspicion. Don’t ever take a reasonable suspicion call lightly because if something DOES happen, you will open yourself up to a lawsuit just because you didn’t take someone’s information seriously. The next thing you need to do is read your policy. What does it say? What are the procedures if someone DOES test positive on a reasonable suspicion? Are you going to do an instant test (not recommended)? Are you going to pull the person from safety-sensitive duties immediately? Check your policy and call us if you do not understand what it says. Next, you’ll need to find a testing facility. You will want a supervisor to escort the person to the testing facility- do not let them drive their own vehicle or any company property if they are suspected of being under the influence. The choice of having the person stay on the job or be relieved of duty until the test comes back is a decision for company management and the policy regulations. If you need help with one of these situations, call us! We can help you walk through this sticky situation.

I just got audited by the FMCSA. I need a consortium certificate and/or drug test results NOW! What do I do?

First of all, you need to calm down. Yes, DOT regulations and enforcement are a big deal- and very important. Yes, violations can carry hefty fines. But chances are you have the information you need, you just have to find it. Now that you’ve taken a few deep breaths, you need to gather all of your documents up. At the minimum, auditors usually request your consortium certificate (if you are a member of one) the list of candidates being pulled from (by quarter), the number of people selected for testing as well as drug test results for the specific time period. If you haven’t yet been audited, I’d recommend you gather all that information up RIGHT NOW and stick it in a binder. We have templates for that binder if you’d like help. Keep your list of employees for each quarter in that binder. Keep a copy of the drug test results in that binder (with any identifying information blacked out). Keep the list of those chosen for testing in that binder. We’d also recommend keeping your vehicle logs, mileage logs, etc. in a separate section in this book. If you’re currently going through an audit and you can’t find your paperwork, shame on you, but call us and we’ll do our best to help you out. Please remember and understand that if you did not keep up with your consortium membership or you failed to send us the documentation we needed to complete your selections, we cannot backdate any materials or add personnel to your records. That is considered fraud. We know you know this, but several people have asked us to backdate or falsify information.

I got a notice from the MRO regarding an employee’s drug test. They have determined they are taking a prescription medication at a level deemed as a safety concern. What do I do?

Since the new regulations for federal DOT testing were released and implemented on July 1, the MROs have been implementing the “safety concern” aspect across the board to reduce liability. The regulation states that the MRO is required to report drug test results and medical information learned as part of the verification process to third parties without consent if it is determines that continued performance by the employee of safety-sensitive duties is likely to pose a significant risk. Even though this is a DOT-specific regulation, MROs have begun enacting it across the board to limit liability and as a “best practices standard”. Prior to receiving a notice from your MRO that someone is taking a medication that may impact their ability to perform safety-sensitive duties, we recommend that you add an addendum to your company substance abuse policy enabling you to request that the employee take the form to his/her prescribing physician to sign off that the employee is cleared for safety sensitive duties. If you receive one of these notices, our best recommendation is to give the employee a copy of that Safety Release form from your policy addendum and further, we recommend that the employer also arrange for the employee to be evaluated by an independent medical examiner to ascertain fit for duty.

Why not use saliva testing? Isn’t it easier and cleaner?

The fact is that saliva testing, while theoretically easier, isn’t necessarily cleaner. The human mouth is actually quite dirty, while urine has very little bacteria in it since it has been so effectively filtered by our bodies. In addition, urine drug screens have a long track record in our court systems. Judges have been accepting urine drug screen results for a very long time. Saliva screens don’t have the same reputation. While they are about equal in the accuracy department, should you ever need to go to court on a result, you don’t have anywhere near the “clout” with a saliva screen as you would with a urine screen- there just aren’t enough precedents for saliva screens like there are for urine screens.