FMCSA proposes national drug and alcohol testing database

Drivers know that getting behind the wheel after having too many alcoholic drinks is a bad idea.

2014-03-07

March 07, 2014 (Press-News.org) Drivers know that getting behind the wheel after having too many alcoholic drinks is a bad idea. This is even more true for professional truck drivers, whose vehicles are bigger and more difficult to control than regular passenger vehicles. Recently, the Federal Motor Carrier Safety Administration (FMCSA) proposed the creation of a national database of commercial driver drug and alcohol testing information. The hope is that the database will help prevent serious truck accidents where drug or alcohol use is a factor.

Under current FMCSA regulations, employers are required to screen drivers' records before they are employed. Unfortunately, there is currently no centralized depository of information regarding positive drug and alcohol tests that employers can use in these mandatory screening tests.

Under the proposed rule, the FMCSA would create a depository of drug and alcohol test related information for individuals with commercial driver's licenses. Employers would be required to conduct screens on all prospective employees and would also have to screen existing employees once each year.

The new rule would affect not only truck and bus companies, but also doctors and laboratories that perform required tests. Specifically, they would have to report to the database any time a driver fails a test for drug or alcohol use or refuses to comply with testing rules. The database would also receive notice when a driver has completed a substance abuse program and is eligible to once again get behind the wheel.

Employers would have to receive the consent of each driver before they accessed his personal information in the federal database. A refusal would not necessarily preclude employment, but it would mean that he would not be eligible to work as a driver.

It is still unclear whether the proposed rule is likely to become official. In the event that it is finalized, implementation is probably still years away. Nevertheless, FMCSA officials believe that it is an important step in ensuring the safety not only of commercial truck drivers, but also of everyone else on our nation's highways.

Unfortunately, truck accidents are far more common than many people realize. If you have been injured in an accident with an 18 wheeler, you may have a claim for compensation for your injuries. In some cases, this may include money for pain and suffering and medical bills. To learn more, consider speaking to an experienced personal injury attorney, who can explain your rights and help you decide which steps to take next.

Article provided by Bennerotte & Associates, PA
Visit us at www.injuryattorneysmn.com

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