Federal agency proposes database of truck drivers' drug and alcohol use
On February 12, 2014 the FMCSA announced that it was publishing a proposed rule that would establish a database of information about chemical test results of those who hold commercial driver's licenses.
March 11, 2014
On February 12, 2014 the Federal Motor Carrier Safety Administration announced that it was publishing a proposed rule that would establish a database of information about chemical test results of those who hold commercial driver's licenses. Drug and alcohol use is a huge problem in the trucking industry, and the database is an effort at cracking down on drivers who drive under the influence.Documenting drug test data
The proposed rule would establish the Commercial Driver's License Drug and Alcohol Clearinghouse. Commercial carriers will need to upload positive drug and alcohol tests of those who have CDLs, as well as names of drivers who refuse to take those tests. Carriers will also need to check the database when hiring new drivers. Carriers will need letters of permission from drivers in order to check the database for their test results. However, if a driver will not give permission, he or she will not be able to drive.
Drivers may request appeals of test results in the database by writing to the FMCSA and requesting administrative review. The FMSCA will make decisions about such requests within 60 days.
The rule is required under the MAP-21 highway funding act. The rule currently has no implementation date, but the FMCSA is accepting comments on the rule until April 21, 2014.
Chemical use among commercial drivers
The FMCSA estimates that the Clearinghouse will result in $186 million in societal benefits by reducing the number of commercial drivers who abuse alcohol or drugs. Chemical use is widespread in the commercial trucking industry. According to the results of a study published in October 2013 in Occupational and Environmental Medicine, truck drivers reported using stimulants such as methamphetamines and cocaine as well as depressants such as alcohol and marijuana while on the job. Researchers also reviewed chemical test results of CDL holders that supported what truck drivers reported about chemical use on the job.
The danger of driving under the influence of alcohol or illegal substances is well-documented. Alcohol and drugs that depress the central nervous system slow reaction times, making drivers slower to respond to hazards on the road and more likely to be involved in an auto accident. Stimulants can make drivers overestimate how long they can drive, leading them to drive when too fatigued -- which results in the same threats to drivers' reaction times and decision-making abilities.
Truck accidents
Accidents involving large trucks and smaller passenger vehicles can be particularly devastating for those in the passenger vehicle. Given the disparity in size between the two motor vehicles, passenger vehicles sustain much more damage in collisions. Those in the passenger vehicles often suffer severe injuries, or they perish in the accident. If you or a loved one has been involved in an auto accident with a commercial vehicle, speak with a seasoned truck accident attorney who can help you obtain justice.
Article provided by Joseph J. Reinke, P.C.
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