By Katherine Miller, Senior Director of Compliance Services
This information is provided for educational purposes only. Reader retains full responsibility for the use of the information contained herein.
With so many changes having occurred in 2022, it’s hard to imagine what more could happen in 2023. This article will look at changes that have already happened this year as well as what is coming throughout the year.
DOT 2023 Random Rates
In January 2023 the Department of Transportation (DOT) announced their updated random rates for 2023, including a change to the Pipeline & Hazardous Materials Safety Administration (PHMSA) annual random rate, down from 50% in 2022 to 25% in 2023. The 2023 rates are outlined below.[1]
| Agency | Random Drug Testing Rate | Random Alcohol Testing Rate |
| Federal Aviation Administration (FAA) | 25% | 10% |
| Federal Motor Carrier Safety Administration (FMCSA) | 50% | 10% |
| Federal Railroad Administration (FRA) | 25% (Covered Service) | 10% (Covered Service) |
| 25% (Maintenance of Way) | 10% (Maintenance of Way) | |
| 50% (Mechanical) | 25% (Mechanical) | |
| Federal Transit Administration (FTA) | 50% | 10% |
| Pipeline & Hazardous Materials Safety Administration (PHMSA) | 25% | N/A |
States Look to Legalize Psychedelics
Similar to the cannabis legalization movement at its conception, the psychedelics legalization movement is broken into two approaches. One group wants to begin with clinical trials to provide treatment for only limited medical conditions such as depression and/or PTSD, whereas the other group wants full decriminalization and legalization for all purposes. While only two states (Oregon and Colorado) have fully decriminalized psychedelics, it’s not unlikely that in 2023 we will see more movement on both sides of the issue.
California, Connecticut, Illinois, New York, and Virginia have already filed or pre-filed bills pertaining to either psychedelics legalization, decriminalization, or therapeutic use. Montana lawmakers have drafted legislation but have not yet introduced it. Additionally, Missouri and Minnesota lawmakers have indicated that they’re going to file legislation but have not yet done so.
More States Look to Protect Cannabis-Using Employees
Recent years have brough about a shift in society – from protecting employers rights pertaining to workplace cannabis use to protecting the rights of individuals that use cannabis off the job. In the past few years states such as New York have prohibited nearly all testing for cannabis. So far in 2023 a number of bills have been filed or pre-filed that would limit an employer’s rights pertaining to cannabis-using employees.
Iowa, Kentucky, Minnesota, New Jersey, and Washington have introduced recreational cannabis bills that provide additional protections for individuals that use cannabis outside of work.
Kentucky, New Hampshire, New Jersey, South Carolina, and Virginia have introduced bills that provide protections for medical cannabis using employees. It is likely that we will soon see more bills providing protections across the board.
Keep Your Eye on the Legislation
Things change quickly in the world of workplace drug testing, particularly when it comes to bills being introduced and/or passed. It’s likely that 2023 will bring about even more changes to the landscape.
Want to keep an eye on legislation in your state(s) of business? Subscribers to Current Compliance receive LegUp, a monthly email recapping progressing, passed, and failed legislation in all 50 states. Click here to learn more about Current Compliance subscription options.
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[1] Visit https://www.transportation.gov/odapc/random-testing-rates to learn more about DOT random rates.
