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Idealease Safety Bulletin - DOT Issues Guidance on Use of CBD by Truck Drivers

Feb. 28 2020 Miscellaneous By Carrie LeBlanc

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The February 28th edition of the weekly Idealease Safety Bulletin highlights a number of important updates and safety information, along with details on the upcoming Idealsafe Safety Seminars. Be sure to register to attend our Colorado seminar being held at our McCandless Truck Center location in Aurora! It's the fleet safety event you don't want to miss!  Learn more about the 2020 Transcending Technology in Transportation Safety Seminar here.  

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In this week's edition:

1. Roadcheck 2020 scheduled for May 5-7th - hosted by the Commercial Vehicle Safety Alliance (CVSA)

  • Inspectors will be conducting the North American Standard Level 1 Inspection. Learn more about this thorough roadside inspection here. 

2. FMCSA: CDL Drug and Alcohol Clearinghouse Identifies Nearly 8,000 Violations during the first weeks of operation

  • Employers who are subject to 49 CFR Part 382 (i.e., operate CMVs requiring a CDL) must query the clearinghouse to learn of and act on any unresolved FMCSA testing violations. Employers may use a designated third party to perform queries on their behalf.
    Clearinghouse queries are required:
    • Before a prospective employee performs a safety-sensitive function for the first time, and
    • Annually on existing drivers to learn of any violation occurring under another motor carrier's testing program.
  • View updated FAQs on the Use of Bulk Queries to Clearinghouse

3. DOT issues guidance on the use of CBD by Truck Drivers:

  • View the Guidance Document issued by the US Department of Transportation
  • Any product, including CBD products, with a concentration of more than 0.3% THC remains classified as marijuana, a Schedule I drug under the Controlled Substances Act
  • DOT requires testing for marijuana and not CBD; 
  • The labeling of many CBD products may be misleading because the products could contain higher levels of THC than what the product label states.
  • The DOT's Drug and Alcohol Testing Regulation, Part 40, does not authorize the use of Schedule I drugs, including marijuana, for any reason. Furthermore, CBD use is not a legitimate medical explanation for a laboratory-confirmed marijuana positive result. Therefore, Medical Review Officers will verify a drug test confirmed at the appropriate cutoffs as positive, even if an employee claims they only used a CBD product.
  • Department of Transportation-regulated safety-sensitive employees should exercise caution when considering whether to use CBD products.