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New California Law to Take Effect January 1, 2024

Section 12954 -When is it unlawful for an employer to discriminate based on cannabis use?

New California Law to Take Effect January 1, 2024

The following law will be taking effect on January 1, 2024. The Law does NOT change Federal Testing Programs and the law provides several exemptions that many employers fall under. We have included the law for reference. We are advising employers to begin by reviewing the law with their legal counsel to determine if the law will apply to them.

Section 12954 – [Operative 1/1/2024]

(a)

(1) Except as specified in subdivision (c), it is unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalizing a person, if the discrimination is based upon any of the following:

(A) The person’s use of cannabis off the job and away from the workplace. This paragraph does not prohibit an employer from discriminating in hiring, or any term or condition of employment, or otherwise penalize a person based on scientifically valid preemployment drug screening conducted through methods that do not screen for non-psychoactive cannabis metabolites.

(B) An employer-required drug screening test that has found the person to have non-psychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids.

(2) This subdivision does not apply to an employee in the building and construction trades.

(b) Except as specified in subdivision (c), it is unlawful for an employer to request information from an applicant for employment relating to the applicant’s prior use of cannabis.

(c) Information about a person’s prior cannabis use obtained from the person’s criminal history is subject to subdivisions (a) and (b), unless the employer is permitted to consider or inquire about that information under Section 12952 or other state or federal law.

(d) This section does not permit an employee to possess, to be impaired by, or to use, cannabis on the job, or affect the rights or obligations of an employer to maintain a drug- and alcohol-free workplace, as specified in Section 11362.45 of the Health and Safety Code, or any other rights or obligations of an employer specified by state or federal law or regulation.

(e) This section does not preempt state or federal laws requiring applicants or employees to be tested for controlled substances, including laws and regulations requiring applicants or employees to be tested, or the manner in which they are tested, as a condition of employment, receiving federal funding or federal licensing-related benefits, or entering into a federal contract.

(f) This section does not apply to applicants or employees hired for positions that require a federal government background investigation or security clearance in accordance with regulations issued by the United States Department of Defense pursuant to Part 117 of Title 32 of the Code of Federal Regulations, or equivalent regulations applicable to other agencies.

(g) This section shall become operative on January 1, 2024.

Ca. Gov. Code § 12954

In light of the limitations the new laws in California impose on drug testing, employers may consider the following practical considerations to help ensure compliance and maintain a safe and productive workplace. Employers are urged to review their drug testing programs, consult their legal counsel, and make any necessary changes to comply with the new laws by January 1, 2024.

The following is a checklist with some steps to take to prepare for January 1, 2024.

    • Review the law and determine how it applies to your company.
    • Once a determination has been made, contact COMP (and if applicable your MRO) if any protocol changes are needed to accommodate alternative testing methods to your Non-DOT testing program.
    • Update your policies as needed. Employers must review and revise their drug testing policies to align with the provisions of the new laws. Employers not subject to an exception must remove any pre-employment marijuana testing requirements that test or report non-psychoactive cannabis metabolites and ensure that policies clearly outline the permissible circumstances for drug testing, such as post-accident or suspicion-based situations. Even if the law does not apply to your company, we advise something should still be noted and added to your policy.
    • Educate all staff on any policy updates, even if your company does not fall under this requirement, proactively educate employees about the changes brought about by the new laws. Communicate the revised drug testing policies if any, the reasons behind the changes, and the continued commitment to maintaining a safe work environment.
    • Provide resources for employees to seek clarification or address any concerns.

Employers are urged to review their drug testing programs,

consult their legal counsel, and make any necessary changes

to comply with the new laws by January 1, 2024.

WHAT IF I NEED A SALIVA DRUG TEST?

Oral Fluid (Saliva) Swab Drug Testing Services Now Available COMP

COMP is your go-to source for all your drug testing and screening services. Empower your organization with hassle-free, accurate tests tailored for employers like you. Beginning January 1, 2024 COMP will be offering lab based Non-Nida Oral Fluid (swab) Drug Testing, to help comply with the new laws. If you need further information please email: info@cenocc.com.

In compliance with California’s new employment-related cannabis laws COMP now offers convenient and reliable lab-based Oral Fluid drug screening. Our Saliva Drug Testing services include a 5-panel – DOT ’look-a-like’ (Marijuana (THC), Cocaine, Amphetamines, Opioids and Phencyclidine (PCP)), and a 7-panel (5 panel plus Benzodiazepines and Barbiturates). With COMP’s extensive drug testing experience, you can trust us to deliver rapid and dependable results, ensuring a safe and productive workplace.

What is Oral Fluid (Saliva) Drug Testing?

An Oral Fluid drug test, also known as a Saliva drug test or Mouth Swab drug test, is a non-invasive method to detect the presence of illegal drugs or drug metabolites in a person’s saliva. Oral Fluid drug tests can detect a wide range of drugs. Unlike some other drug testing methods, such as urine tests, saliva drug tests offer a shorter detection window. Most drugs can be detected in saliva less than an hour after use. They will typically remain detectable for 5-48 hours depending on how much was taken and how the drug was administered. This makes them particularly useful for identifying recent drug use.

Oral fluid testing requires a small sample that is collected under direct supervision. Because collections are observed, oral fluid testing is considered a tamper-resistant screening method, in that, it’s difficult for a donor to cheat or adulterate their sample.

How long does it take for Saliva Screening Results?

The time it takes to receive lab-based saliva drug test results for employment screening can vary depending on several factors, generally, you can expect a turnaround time of 1 to 3 business days after the sample is collected. Turnaround is typically 1-2 business days for negative results. If confirmatory testing is necessary, results may take longer. Positive results are confirmed, reviewed, and typically reported within 72-96 hours of receipt.

We at COMP invite you to take the next step towards a safer tomorrow. Join the list of satisfied organizations who have partnered with us, securing their workplace with confidence and improving their productivity like never before.

Frequently Asked Questions

Why should my company conduct Oral Fluid drug testing for employees?

Oral Fluid drug testing can help maintain a safe and productive workplace by identifying drug use that may impair job performance and pose safety risks. It promotes a drug-free environment, reduces accidents, and improves overall employee well-being.

What drugs can Oral Fluid drug tests detect?

Oral Fluid drug tests can detect a range of commonly abused drugs, including marijuana (THC), cocaine, amphetamines, opioids, benzodiazepines, and methamphetamine, among others. You can choose the drugs you want to drug test for based on the panels you choose.

Can Oral Fluid drug tests be used for pre-employment screenings?

Yes, Oral Fluid drug tests are commonly used for pre-employment screenings to ensure that potential hires are drug-free and meet the company’s drug policy requirements. Compared to urine drug tests for pre-employment drug screening, saliva drug tests can offer reliable drug testing results without any complications.

What are the differences between Oral Fluid, Urine and Hair Follicle drug tests, and how can employers decide which test is most suitable for their workplace drug screening program?

Oral Fluid, urine and hair follicle drug tests differ in sample collection methods and detection windows. Drugs in hair may be detectable for up to 90 days, whereas drugs in urine are generally detectable for one to seven days (or longer in chronic users) and in oral fluid from five to 48 hours. Employers should consider factors such as testing purpose, desired detection period, and cost when deciding which test to use for their workplace drug screening program.

 

951-222-2208

available from 8:00 am – 5:00 pm

Address 4300 Central Ave., Riverside CA 92506

Email info@cenocc.com

What to know about Respiratory Viruses during the Holidays

What to know about Respiratory Viruses during the Holidays

We’ve all heard a lot about COVID-19 during the last couple of years. But the Flu (Influenza) is still a serious illness we should be mindful of, especially during these cooler months. Flu is a respiratory illness caused by viruses that infect the nose, throat, and sometimes the lungs. It is contagious and can cause mild to severe illness, including death.

Below are just a few things to know that will help you stay healthy during the holidays.

  • Many different viruses spread more during fall and winter, including those that cause flu, COVID-19, and RSV illness. Large gatherings, crowded travel, and more time indoors can mean more viruses spreading around the holidays.
  • If you do get sick, there are tests and treatments to help get you feeling better sooner.
  • It is important to get all recommended vaccines, including flu, COVID-19 and RSV, as soon as possible. This is the first year that there are vaccines to protect against all three of these viruses. Vaccines help the body learn how to defend itself from disease without the danger of an infection. These vaccines have been shown to prevent severe disease and can be lifesaving. This will give you the best protection against these respiratory diseases and will also make your illness less severe if you do get sick. Remember: antibiotics do not work on viruses.
  • Flu symptoms can come on suddenly.
  • You can spread the flu before you have symptoms.
  • Flu regularly ranks among the top 10 causes of death in the U.S.
  • COVID-19 symptoms and flu symptoms are similar. Both flu and COVID-19 are contagious respiratory illnesses. However, they are caused by different viruses– and people can have both viruses at the same time.

If you are sick, stay home to avoid putting others at risk. If you have severe or worsening symptoms, call your healthcare provider.

Cover coughs and sneezes when around others to help protect them.

Masks can help reduce the spread of respiratory viruses.

Handwashing often with soap removes most germs, including respiratory viruses, from your hands. If soap and water are not available, using a hand sanitizer with at least 60% alcohol can kill many germs.

One last thing: Does the flu vaccine cause the flu? No. The vaccine typically takes 2 weeks to reach full strength, however, so if someone is exposed to the flu virus during that time, they may still get sick.

The holiday season can be stressful with all the hustle and bustle, responsibilities, and obligations.

Please be sure to make time to take care of yourself!

RESPIRATOR EXAMS and FIT TESTING

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RESPIRATOR EXAMS and FIT TESTING

The Occupational Safety and Health Administration (OSHA) requires a respirator medical evaluation before the initial respirator fit test, and both must be completed before any respirator use on the job.

RESPIRATOR MEDICAL EVALUATION

Respirator Medical Evaluation determines if your employee is medically fit to wear a respirator on the job, so that your employee is properly protected if exposed to respirable toxins. It ensures workplace compliance with respiratory protection standards established by OSHA. This evaluation also helps employers make informed decisions about which employees can use respirators under specific environmental conditions and physical demands. 

Some medical conditions can make it difficult for an employee to wear a respirator at work. If the employee is not cleared for respirator use or the evaluation reveals potential limitations with a certain respirator, the Provider may request additional medical testing or recommend an alternative, such as a full-face or loose-fitting face piece.

Respirator clearance is necessary when there is a change in: 

• An employee’s respirator

• An employee’s health

• Workplace environmental conditions

Respirator Medical Evaluations are recommended to be updated every one to two years, depending on respirator type, job type, the employee’s health status, environmental conditions, and other regulatory requirements.

RESPIRATOR MEDICAL EVALUATION REQUIREMENTS

To meet OSHA standards for Respirator Medical Evaluation, the Employer must supply the following information:

• Respirator type and weight

• Respirator use duration and frequency

• Expected work effort

• Expected temperature and humidity conditions

• Respiratory protection plan

• Other required personal protective equipment (PPE)

RESPIRATOR FIT TEST

Once your employee receives their respirator medical clearance, they would proceed to a Respirator Fit Test. Respirator fit tests are a must for employees who are required to wear respirators to reduce exposure to hazardous chemicals or substances such as silica dust, welding fumes, paint spray mists, and solvents. The fit test trains your employee how to properly wear their mask without having any leaks.  An employee must complete the fit test using a respirator that’s the same make, model, and size as the one they will be wearing on the job, while also wearing any other required equipment. To learn more about understanding filtration efficiency and fit testing, check CDC’s DHS (NIOSH) Publication.

PULMONARY FUNCTION TESTING

Spirometry, the most common pulmonary function test, assesses lung performance. Some Occupational Safety and Health Administration (OSHA) standards require pulmonary function testing to be performed. Test results are interpreted by comparing an employee’s readings with those predicted for a person of similar description (e.g., gender, age, and height). Anytime there is a possibility that your employee may be exposed to hazardous airborne materials, pulmonary function testing would establish a baseline of their lung performance, which would prove essential in determining any adverse occupational effects.

LET COMP PREPARE YOUR EMPLOYEES FOR FLU SEASON

LET COMP PREPARE YOUR EMPLOYEES FOR FLU SEASON

Injuries aren’t the only thing impacting your employees’ health. Each year, businesses lose 20 million workdays of productivity due to seasonal flu. Flu shots are the top recommendation to help avoid flu illness and minimize the effects of the flu if contracted. Research shows flu shots also:

  • Reduce worsening of chronic heart and lung conditions and diabetes.

  • Significantly decrease medical visits and hospitalizations

Supporting employee health has always been a big factor for employer-sponsored flu vaccination campaigns and working with an occupational health expert like COMP. If we have learned nothing from the COVID-19 pandemic we have at least seen firsthand what major challenges to our business stability an illness can cause. That’s why COMP is promoting flu vaccination programs to try to keep influenza infections to a minimum.

Influenza may be viewed as commonplace and no more threatening than the common cold but that’s not a sound conclusion. Health officials cannot predict from year-to-year how serious the seasonal flu will be. No one can predict the extent and severity of the flu season. Best to be prepared by getting flu shots for your entire workforce.

When employees get the flu, they cannot – and should not – report to work. This means a severe and widespread influenza season may create a substantial burden on businesses to find replacement staff. Productivity could take a hit while work responsibilities are shifted over to healthy employees or replacement staff.

You can keep your workforce healthier this flu season by sending your employees to your local COMP clinic now for a FLUARIX flu vaccine. COMP has protocols in place that follow all official guidelines to safeguard employees from COVID-19 when they come into a COMP clinic to get a flu shot (or for any other health service).

The flu vaccine is also available for the workforces of employers with COMP ONSITES, where we come to your place of employment. Contact COMP to make plans for your seasonal flu vaccination program.

COMP is here to help you protect your employees as best we can!

 

FAQ

We're addressing your basic flu questions so you feel confident heading into flu season
Vaccination stimulates the immune system against a vaccine-preventable disease like the flu. The flu shot helps your body make antibodies to fight the flu virus. It takes approximately 2 weeks for a flu shot to start working and help protect you from the flu.
Flu viruses change each year. New flu vaccines are created every year to fight the latest virus. Plus, the immunity you get from a flu shot only lasts about a year.
Any side effects are generally mild and go away within a few days. Common side effects include soreness or redness at the injection site, headache, fever, nausea, and muscle aches.
Recent studies from the Centers for Disease Control and Prevention show that, on average, the flu vaccine can reduce the risk of flu by 40% to 60%. Effectiveness can vary based on how well the vaccine matches the strain of the virus each year. But even if you get the flu, the vaccine can still help make your symptoms less severe.
No. The flu shot can’t give you the flu. The vaccine doesn’t contain a live virus, so it can’t make you sick.
Yes. It’s possible to get the flu even if you got a flu shot. This may happen because:
  • You caught the flu before the vaccine started to work. It takes 2 weeks for the vaccine’s antibodies to develop and protect you from the virus.
  • You got a virus that isn’t covered by the flu vaccine. The vaccine protects against 3 or 4 of the most common viruses expected during a specific year.
The official answer from the CDC is no, the flu shot will not help protect you from COVID-19. While it’s true that seasonal flu and COVID-19 are both contagious respiratory illnesses, the flu shot is designed to help protect against the two main types of influenza viruses, A and B viruses. COVID-19 is caused by infection with the coronavirus, a new virus also called SARS-CoV-2, which is different than the influenza viruses.
There are similarities and differences between COVID-19 and the flu, so the best advice is to familiarize yourself and your employees with the comparisons as follows. This information is from the CDC.
With both COVID-19 and flu, adults may experience fevers (with or without chills), cough, shortness of breath, sore throat, fatigue, runny or stuffy nose, muscle pain or body aches, headache, and sometimes vomiting or diarrhea. COVID-19 also may be associated with loss of smell or taste.
It may take longer for symptoms to appear with COVID-19 than with the flu. With COVID-19, the time from infection to first symptoms may be anywhere from two days to 14 days. Flu symptoms generally appear one to four days after infection.
We are still learning about COVID-19 but it’s believed a person can spread the virus from two days before symptoms appear to 10 days after symptoms first appeared or until 10 days after testing, if the employee was asymptomatic when tested and has remained without symptoms. A longer period of infectiousness may occur for people who are severely immunocompromised or hospitalized with severe COVID-19. With flu, an adult may be contagious from one day before showing symptoms for about seven days after symptoms appear.

COMP Riverside Fully Remodeled

                                                                                                       

COMP Riverside Fully Renovated - 100% Ready to continue serving you and your work family with honest and ethical medicine.

Janice Garcia, COO

Thank you for your patience. We are delighted to share with you that COMP Riverside is now fully renovated and operational. There was a great deal of work that went into the building.  The changes ranged from the floor to the roof and to the details of the building
After more than 20 years this is the biggest renovation we have done to this location.   We are happy to continue bringing honest and ethical medicine to you and your work family. If you are interested in touring our facility, please send a message to info@cenocc.com.
Below were some of the renovations photos I would like to share with you.  Hope to see you soon.

A NEW COMP IS ON THE WAY

Our Riverside Clinic is Getting a Make Over!

We are remodeling our Riverside Clinic

If you have been at our COMP location in Riverside you have already noticed that we are going through some much needed renovation. Starting with our 4300 sign to now the interior of the clinic. The facility will be much brighter and a better place to get your medical needs with brand new flooring, walls and a few added touches here and there, like our 4300 sign that is now visible at night. 

Please continue to being patient with us during this time of renovation. Please note that there will be days in which we will have less medical rooms to work with, but we have a plan to work as efficiently as possible so your employees don’t have to wait longer than needed. Thank you for trusting us with your industrial medicine needs!

For any feedback please email us at: info@cenocc.com