The URL can be used to link to this page

Home My WebLink About2020-011 US DOT Notice - Cannabidol (CBD) ProductsHarry Kim Mayor Roy Takemoto Managing Director February 24, 2020 CHIEF'S MEMORANDUM Countp of 'owoi`f HAWAII FIRE DEPARTMENT 25 Aupuni Street • Suite 2501 • Hilo, Hawaii 96720 808) 932-2900 • Fax (808) 932-2928 TO: ALL PERSONNEL FROM: DARREN J. ROSARIO, FIRE CHIEF NO. 2020-011 Darren J. Rosario Fire Chief Lance S. Uchida Deputy Fire Chief SUBJECT: U.S. DEPARTMENT OF TRANSPORTATION NOTICE — CANNABIDIOL Attached is an InterOffice Memo dated February 21, 2020 from the Department of Human Resources regarding a notice issued by the U.S. Department of Transportation Notice regarding Drug and Alcohol Policy and Compliance on the matter of Cannabidiol (CBD) Products. Under the DOT regulations, a positive test results in your removal from safety sensitive duties and any employee who tests positive for a controlled substance is also subject to disciplinary action as provided in your bargaining unit agreement. Please be aware that this applies to non -DOT drug testing as well, such as permitted under applicable collective bargaining agreements. This will be assigned to you via Target Solutions for your acknowledgement. DARREN J. ROSARIO Fire Chief DJR/lc Hamai'i County is an Equal Opportunity Provider and Employer. County ofHawaii - Devartm¢nt ofHuman Resources InterOffke Menw TO: Darren J. Rosario, Fire Chief William A. Kucharski, Director of Environmental Management Deanna Sako, Finance Director Keith Okamoto, Manager -Chief Engineer Department of Water Supply Roxcie L. Waltjen, Director of Parks & Recreation David Yamamoto, P.E., Director of Public Works Brenda L. Carreira, Mass Transit Administrator ATTX Departmental Human Resources Representatives 1R0_%1: William V. Brilhante, Jr., Director of Human Resources DATE: February 21, 2020 SUBJECT, U.S. Department of Transportation Notice - Cannabidiol (CBD) Products Enclosed for your information and action is a Memorandum to all employees subject to Federal DOT drug and alcohol testing along with a notice from the U.S. Department of Transportation (DOT), Office of Drug and Alcohol Policy and Compliance. The enclosed document cautions DOT -covered employees of the possibility of receiving a positive marijuana drug test result related to use of Cannibidiol (CBD) products. Please circulate and/or distribute to all employees who are subject to DOT drug testing. We also ask that you distribute the enclosed to all new hires subject to DOT drug and alcohol testing. If you have any questions, please contact Lee Botelho at 961-8361. Enclosure LB/WVB HawatY County is an Equalopportunity Provider and Employer County of3fawai'i - Deyartment ofHuman Resources InterOffice J Iemo 7'O: All Employees Subject to Federal DOT Drug & Alcohol Testing JW.%l: William V. Brilhante, Jr., Director of Human Resources D.41'.rz February 21, 2020 SUBJBCP U.S. Department of Transportation Notice - Cannabidiol (CBD) Products Enclosed is a notice issued by the United States Department of Transportation DOT) Office of Drug and Alcohol Policy and Compliance on the matter of Cannabidiol (CBD) products. The DOT notice cautions safety sensitive employees who are subject to drug testing under 49 CFR, part 40 about the use of CBD. CBD products are not regulated by the Food and Drug Administration (FDA), thus labeling on CBD products may not accurately reflect the percentage of tetrahydrocannibinol THC) in the product. Products, with a concentration of more than 0.3% THC are still classified as marijuana, and listed as a Schedule I drug. Under DOT regulations, use of CBD is not considered a legitimate medical explanation for a confirmed positive marijuana drug test result. Under the DOT regulations, a positive test results in your romoval from safety sensitive duties. Any employee who tests positive for a controlled substance is also subject to disciplinary action as provided in your bargaining unit agreement. DOT safety sensitive employees include employees who are required to hold a valid Commercial Driver's License (CDL) for their position, employees who are required to hold a valid CDL to be temporarily assigned (TA) or temporarily perform duties that require a CDL, employees participating in a CDL Driver - Training program, and Mass Transit maintenance personnel. Enclosure Cc: Dayton M. Nakanelua Radford Hirai Randy Ferreira Scott Collins Hawai'i County is an PqualOpportunity Provider andEmployer DOT OFFICE OF DRUG AND ALCOHOL POLICY AND COMPLIANCE NOTICE 0 The Agricultural Improvement Act of 2018, Pub. L. 115-334, (Farm Bill) removed hemp from the definition of marijuana under the Controlled Substances Act. Under the Farm Bill, hemp - derived products containing a concentration of up to 0.3%tetra hydrocannabinol (THC) are not controlled substances. THC is the primary psychoactive component of marijuana. Any product, including "Cannabidiol" (CBD) products, with a concentration of more than 0.3% THC remains classified as marijuana, a Schedule I drug under the Controlled Substances Act. We have had inquiries about whether the Department of Transportation -regulated safety - sensitive employees can use CBD products. Safety -sensitive employees who are subject to drug testing specified under 49 CFR part 40 (Part 40) include: pilots, school bus drivers, truck drivers, train engineers, transit vehicle operators, aircraft maintenance personnel, fire -armed transit security personnel, ship captains, and pipeline emergency response personnel, among others. It is important for all employers and safety -sensitive employees to know: 1. The Department of Transportation requires testing for marijuana and not CBD. 2. 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 Food and Drug Administration (FDA) does not currently certify the levels of THC in CBD products, so there is no Federal oversight to ensure that the labels are accurate. The FDA has cautioned the public that: "Consumers should beware purchasing and using any (CBD] products." The FDA has stated: "It is currently illegal to market CBD by adding it to a food or labeling it as a dietary supplement."* Also, the FDA has issued several warning letters to companies because their products contained more CBD than indicated on the product label. **' 3. The Department of Transportation'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. It remains unacceptable for any safety -sensitive employee subject to the Department of Transportation's drug testing regulations to use marijuana. Since the use of CBD products could lead to a positive drug test result, Department of Transportation -regulated safety - sensitive employees should exercise caution when considering whether to use CBD products. The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. This policy and compliance notice is not legally binding in its own right and will not be relied upon by the Department as a separate basis for affirmative enforcement action or other administrative penalty. Conformity with this policy and compliance notice is voluntary only and nonconformity will not affect rights and obligations under existing statutes and regulations. Safety -sensitive employees must continue to comply with the underlying regulatory requirements for drug testing, specified at 49 CFR part 40. February 18, 2020 What You Need to Know (And What We're Working to Find Out) About Products Containing Cannabis or Cannabis -derived Compounds, Including CBD: The FDA is working to answer questions about the science, safety, and quality ofproducts containing cannabis and cannabis -derived compounds, particularly CBD" https://www.fda.gov/consumers/consumer-updates/what-you-need-know-and- what-were-worki ng-fi nd-out-about-products-contain ing-canna bis -or -cannabis https:/Iwww.fda.goy/news-events/public-health-focus/warning-letters-and-test-results-cannabidiol- related-products