Resources

Compliance & policy guidance for employers.

State law overviews, marijuana workplace policy, DOT regulations, and chain-of-custody best practices — the information HR and safety leaders ask us most often.

Topics

Key topics for employers.

Short, practical guides on the questions that come up most in policy design and audits.

Marijuana & the workplace

How to build a defensible cannabis policy as more states legalize recreational and medical use. Covers off-duty protections, safety-sensitive exemptions, and reasonable-suspicion procedures.

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DOT / FMCSA quick reference

49 CFR Part 40 and Part 382 essentials: what triggers testing, random rates, collection procedures, Clearinghouse queries, and return-to-duty requirements.

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Chain of custody explained

Why federal Custody & Control Forms (CCF) matter, how specimen integrity is preserved from collection to lab, and what makes a result defensible in court or arbitration.

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Drug-free workplace policy template

The clauses a defensible policy needs: covered substances, testing types, consent language, refusal consequences, and MRO review process.

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Post-incident testing protocol

When post-accident testing is required, the two-hour and eight-hour windows, and how to document reasonable-suspicion determinations properly.

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MRO review process

What the Medical Review Officer does, why non-negative results require MRO verification, and how legitimate medical explanations are handled.

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State-by-state overview

Drug testing law by state.

High-level summaries — not legal advice. Regulations change; confirm with counsel or ask our compliance team.

TXTexas

Voluntary drug-free workplace program. No state pre-employment testing statute; DOT rules apply to regulated employers. Cannabis remains illegal for recreational use; limited medical use only.

CACalifornia

Off-duty cannabis use protections (AB 2188, effective 2024) — employers generally cannot discriminate based on non-psychoactive cannabis metabolites. Safety-sensitive and federal exemptions apply.

NYNew York

Recreational cannabis legal; NYC and state law restrict pre-employment marijuana testing outside safety-sensitive and federally regulated roles.

FLFlorida

Drug-Free Workplace Program (Florida Statutes §440.101–102) offers workers' comp discounts for compliant employers. Detailed policy, notice, and testing procedures required.

ILIllinois

Recreational cannabis legal. Cannabis Regulation and Tax Act restricts most non-safety-sensitive marijuana testing; reasonable-suspicion and post-accident testing remain permitted.

GAGeorgia

Drug-Free Workplace Program (O.C.G.A. §34-9-410 et seq.) offers workers' comp discounts. Testing procedures and employee notification required.

Need a state not listed? Ask us — we'll send you a summary.

Employer FAQ

Straight answers.

All FAQs
Do I have to test my whole workforce?+

No. Most non-DOT employers test in specific situations: pre-employment, reasonable suspicion, post-incident, and (optionally) random. DOT-regulated employers must maintain a random pool at federal rates.

What counts as a 'safety-sensitive' role?+

A role where impairment could endanger the employee, coworkers, or the public — commonly commercial drivers, heavy equipment operators, healthcare workers with patient contact, and armed personnel. The exact definition varies by state and industry.

Can I still test for marijuana in a legal-cannabis state?+

In most cases yes — but with limits. Safety-sensitive, DOT-regulated, and federally funded roles retain broad testing rights. Non-safety-sensitive pre-employment marijuana testing is restricted in several states (CA, NY, NJ, WA, others). We help you build a policy that fits your jurisdiction.

How long does a defensible drug testing record need to be kept?+

DOT requires drug and alcohol testing records to be retained 1 to 5 years depending on record type (positive results and refusals: 5 years; negatives: 1 year). Non-DOT recommended retention is typically 5+ years.

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