drug testing

Published on: July 14, 2020

FMCSA Relaxes Truck Driver Drug Testing Requirements

The Federal Motor Carrier Safety Administration has relaxed the truck driver drug testing requirements that trucking companies are required to comply with in the wake of the unique circumstances brought about by the COVID-19 pandemic.

According to the Federal Motor Carrier Safety Administration, it has decided to provide companies with reasonable flexibility if they are unable to completely comply with the federal agency’s drug testing requirements during the pandemic. That flexibility comes as a result of the difficulties trucking companies are currently facing in conducting the random drug testing that they are required to under federal laws.

Trucking companies are still required to conduct random drug testing of truck drivers based on the typical testing rate. They must test at least 50% of drivers for drugs and 10% of all their drivers for alcohol. However, in cases in which trucking companies are unable to conduct the random drug and alcohol testing required under the law, certain relaxations have been allowed.

Published on: October 23, 2019

Records of Truckers’ Drug History Will Be Available to Employers in 2020

by Robert N. Katz, Esq.

Far too many truck accidents are caused every year by drivers under the influence of drugs, especially those like methamphetamines which are specifically taken to help drivers stay awake for long periods of time. When the effects of these drugs wear off, the driver may feel extremely fatigued and may fall asleep at the wheel. This sets up not only the truck driver but everyone he is sharing the road with for a catastrophic accident with deadly results.

For years, truck drivers have been able to conceal records of their drug and alcohol use. This was because of a loophole in the law that failed to provide a system through which potential employers could look at an applicant’s drug and alcohol use records. Fortunately, that will change soon.

Beginning in January 2020, all trucking companies will be required to check if the potential truck driver recruit they are planning to hire has a history of drug and alcohol use on the job. They can do this by going through the Drug and Alcohol Clearinghouse which contains these records.

Published on: April 14, 2014

FMCSA Proposes Truck Driver Drug and Alcohol Test Database

by Robert N. Katz, Esq.

Commercial truck drivers are held to a much higher standard when it comes to driving under the influence of alcohol and drugs when compared to the average motorist. This makes sense, since the stakes are much higher when it comes to commercial semi-truck drivers. Now the Federal Motor Carrier Safety Administration Federal Motor Carrier Safety Administration (FMCSA) has proposed the establishment of a database that will contain information about driver drug and alcohol tests with the goal of preventing drivers with a substance abuse problem from slipping through the cracks and finding employment in the industry.

The FMCSA recently proposed the establishment of a Commercial Driver’s License Drug and Alcohol Clearinghouse, which would function as a database containing information about controlled substance and alcohol test results of commercial truck drivers. All commercial driver license holders would be included in the database.

Under the proposal, commercial motor carriers, employers, medical review officers, substance abuse professionals, as well as third-party agencies would be required to report drug and alcohol test results to the database. These persons would also be required to submit information involving alcohol or drug test refusals, negative return-to-duty test results, adulterated and substitute drug test results as well as other kinds of data that relates to driver alcohol and drug use.Additionally, labs that provide commercial motor carriers with drug and alcohol testing services would be required to report information about testing activities and results.

Published on: October 11, 2010

Mandatory Alcohol Testing Could Have Caused Decline in Truck Accident Fatalities

by Robert N. Katz, Esq.

Mandatory Alcohol Testing Could Have Caused Decline in Truck Accident Fatalities

As Atlanta truck accident lawyers, we keep ourselves informed about the latest developments in trucking safety.A study by scientists at Columbia University seems to suggest that mandatory alcohol testing programs have been responsible for the decline in truck accident fatalities in 2009.Last year, saw a significant drop in these deaths, from 4,245 fatalities in 2008, to 3,380 fatalities in 2009.

The results of the study titled Effectiveness of Mandatory Alcohol Testing Programs on Reducing Alcohol Involvement in Fatal Motor Carrier Crashes show that these alcohol testing programs that were implemented in 1995, have contributed to an approximately 23% reduced risk of alcohol use as a factor in truck accidents.

Published on: February 19, 2010

DOT Proposes New Rules for Drug Testing

by Robert N. Katz, Esq.

Atlanta accident lawyers will be pleased to know that the Department of Transportation has posted a Notice of Proposed Rule Making, which deals with stricter testing for drug use.

The NPRM proposes a number of measures that are designed to prevent commercial motor vehicle drivers abusing drugs from slipping through the cracks.The NPRM proposes initial testing for 6-acetylmorphines, and lowering the cut off for cocaine and amphetamines. The idea is to align testing standards with the testing standards of Health and Human services. According to the HHS, such testing would help identify approximately 10% of drug users in the commercial driver population, who currently remain unidentified.

Truck drivers are at a higher risk of amphetamine abuse. These drugs are used to induce alertness, helping truckers stay awake for longer periods of time. Use of stimulants like methamphetamines can have serious side effects. The person may begin to feel extremely drowsy as the drug’s effects begin to wear off, with serious consequences. Employers can now identify drivers who had been using these drugs, but had remained unidentified because of the higher cut off points.

Published on: April 11, 2008

Product Liability Suit Fails Against Anti-Depressant Manufacturer

by Robert N. Katz, Esq.

Drug manufacturer GlaxoSmithKline won a significant ruling this week in the Third Circuit of the United States Court of Appeals in Colaccio vs. Apotex.SmithKline, the manufacturer of the anti-depressants Paxil and Zoloft, defended two separate state tort claims that the manufacturer failed to warn of the risk of suicide from taking the drug.Plaintiffs product liability suits failed.

In a split decision, the Third Circuit ruled that federal regulatory law pre-empted state tort law claims in cases against manufacturers of anti-depressants for failure to warn of the risk of suicide.

Anti-depressants are drugs known as selective serotonin re-upate inhibitors (SSRIs).The drugs block the re-absorption of serotonin into the brain.Serotonin is a natural body chemical that regulates mood, sleep and appetite.By blocking the re-absorption the brain cells get an extra dose of a feel-good chemical.Some experts believe that the increase in serotonin causes a drop in the natural chemical dopamine. Dopamine regulates cognition and behavior.