Whether it’s marijuana, alcohol or opioids, more commercial truck drivers are testing “hot,” or positive for drug use for the first time in almost a decade. These mind-altering drugs intentionally affect judgement and reaction time - two of the most important tools for safe driving. Colorado and other early adopters of legalized cannabis have seen a significant rise in crashes involving drivers under the influence (UTI) of marijuana. In fact, these crashes now outnumber those involving alcohol in the state.

A positive commercial truck driver drug test greatly increases the value of a liability claim, regardless of whether the drug use was the cause of the crash. If the driver took the controlled substance two hours or two days ago, there’s currently no effective test to measure the actual potency within the body and its real-time affect. Drug tests are discoverable by plaintiff’s attorneys, and are regularly used in commercial crash cases against the vehicle operator.

What can fleet operators do to protect themselves?

The growing use of drugs and alcohol by truck drivers has only exacerbated the current driver shortage. Hiring managers report that finding an experienced driver with a clean MVR who also consistently passes drug tests is no longer easy to come by.

Unlike the alcohol breathalyzer, there’s no immediate field test for cannabis, or any other narcotic. Until one is developed, commercial fleet operations will have to rely on their own internal pre-hire, random and reasonable suspicion testing to avoid unwanted consequences on the road. Consider the following best practices to minimize the risk of crashes and eradicate truckers driving under the influence.

  1. Conduct thorough background checks. Per FMCSA rules, drivers who test positive for drugs/alcohol must go through an employee substance abuse education program and engage in structured testing for at least 12 months. If a driver fails a drug test at a previous carrier and you hire him, your fleet owns the problem - now the driver’s education program and structured testing is your responsibility. By July 2019, the FMCSA will have a substance abuse testing clearinghouse to provide fleet operators with information on a trucker’s previous substance abuse tests. At that time, employers will be required to query the Clearinghouse before new employees get behind the wheel, and annually for each existing employee.
  2. Be consistent. Follow Federal Motor Carrier Safety Administration (FMCSA) regulations for substance abuse testing, including pre-hire, random and reasonable suspicion. Have a strong policy and be consistent in following it. Whether it’s zero tolerance, or one strike, if you’re not consistent, you’re hurting your company culture. Don’t make exceptions for individual drivers. If you do, you’re exposing yourself to additional legal issues./li>
  3. Educate drivers and managers on UTI Definitions. Drivers need to understand they can’t be under the influence of drugs or alcohol at any time while driving, whether it’s medical marijuana, opioids or even anti-histamines. Many think that as long as they have a prescription, it’s ok to drive while taking these drugs. Let drivers know that not only is this not true, but they can test positive even when a narcotic seems to be no longer effective in the system. Marijuana, for example, stays in the blood stream and will test positive even three weeks post-use. Provide driver supervisors with reasonable suspicion training. Teach them to recognize common symptoms that can include sluggishness, pupil size, certain odors or behaviors, including irritability, mopiness or agitation.
  4. Educate drivers on laws relevant to transporting narcotics. Teach drivers that transporting a narcotic in a commercial vehicle is prohibited as well. For example, a truck driver who goes to a dispensary to purchase marijuana – even legally – can and will be arrested for transporting an unopened package in their commercial motor vehicle.

Contact your HUB Transportation Specialist for more information on instituting these best practices across your fleet and transferring your risk.