At the intersection of lax FDA regulations and unaccredited business practices is a black hole that threatens the workplace safety of federal companies. This includes heads of agencies, persons appointed for political reasons, police, railway and aviation personnel, employees with a 26% higher top secret security authorization, along with some positions left to the discretion of their individual agencies: health professionals & drug rehabilitation workers, firefighters, pharmacists, and so on. When the economy is unstable, employers face difficult decisions regarding staffing, salaries and benefits. Although the employee claimed that he told the outside administrator (of the drug testing program) that he was using CBD oil, there was no evidence that that information had been provided to the employer.
While CBD products are legal at the federal level, these products have different guidelines for federal government employees. It turns out that a federal agency responsible for overseeing workplace drug testing policies sent a government-wide memo asking agency directors to inform employees about CBD in light of the legalization of hemp. Post Office employees are not technically federal employees either, even though they receive federal benefits. In practice, they establish the scientific and technical standards for drug testing in the federal government and regulated industries, the Mandatory Guidelines for Workplace Drug Testing. According to the SEAD 4 personal conduct guidelines (Reference B, Guideline E), the decision to invest in an activity, including a marijuana-related business, that the person knows violates federal law could reflect questionable judgment and an unwillingness to comply with laws, rules and regulations.
One of the best ways you can help increase federal employees' chances of legalization is to use your voice to help promote change. The court stated that it does not follow that an employer who tests for drugs believes that everyone who tests positive is disabled under the ADA. Even after passing the pre-employment screening, all federal workers are subject to drug testing if there is a “reasonable suspicion” that the employee is using drugs or that they have an accident at work. The court disagreed because there was no evidence that the employer knew that the employee was consuming CBD oil instead of marijuana at the time they made the dismissal decision. It is to be expected that, in the near future, the CBD market will have regulations that allow safe use for federal workers. The employee also argued that the employer's policy of firing all employees who test positive categorically considers them illegal drug users and also considers them disabled because safety was the raison d'être of the drug testing policy. The best way to ensure that federal employees can legally use hemp is to stay informed about changes in regulations and policies.
It is important for employers to understand their obligations under both state and federal law when it comes to drug testing policies. Additionally, employers should be aware of any changes in laws or regulations related to hemp or CBD products. By staying up-to-date on changes in laws and regulations related to hemp and CBD products, employers can ensure their policies are compliant with both state and federal laws. This will help protect their employees from any potential legal issues related to hemp or CBD use.
Ultimately, it is important for employers and employees alike to understand their rights and responsibilities when it comes to hemp or CBD use in the workplace. By staying informed about changes in laws and regulations related to hemp or CBD products, employers can ensure their policies are compliant with both state and federal laws.
