There are many good truck drivers who care about safety and play by the rules. But there are also truckers who cause accidents because they’re under the influence of alcohol and drugs. Below are frequently asked questions about alcohol and drug testing rules for truckers, and how this may affect a truck accident case.
Below is a list of parties that must follow Federal Motor Carrier Safety Administration (FMCSA) drug and alcohol rules:
Performance of safety-sensitive functions is prohibited:
The following are required alcohol tests for truck drivers:
The following drugs can be detected in urine samples
Motor carrier employers. They are responsible for being trained to administer the testing programs as well as administering and implementing them. Law enforcement officers are not to conduct the tests as part of roadside inspections. But under certain circumstances, post-truck accident tests by law enforcement are acceptable.
But often, employers turn a blind eye to truck drivers on drugs, as they’re looking to cut corners on safety in exchange for a bigger bottom line. They will hire truckers who have caused previous accidents due to alcohol and drugs for a cheaper salary. An experienced trucking attorney can prove this kind of negligence on your behalf.
Truck drivers who engage in prohibited alcohol conduct must be immediately removed from their duties and can’t return until they have been evaluated by a substance abuse professional, and have complied with treatment recommendations to help them with an alcohol abuse problem.
That’s if they are caught. It’s common for truck drivers who have caused crashes while under the influence to disappear until they are sobered up. Then, when they are tested, the drugs and alcohol are out of their system.
Employers must provide detailed information about alcohol misuse, the employers’ policy, testing requirements as well as how and where truck drivers can get help for alcoholism. As our attorneys always say, holding truck drivers accountable for using drugs and alcohol is the employers’ responsibility.
Truck driver employers are required to keep detailed records of their alcohol misuse prevention programs. The FMCSA conducts inspections and audits of these programs. In addition, selected employers must prepare annual summary reports for the FMCSA. These reports are supposed to help monitor compliance and enforcement of the rules as well as provide data on the extent of alcohol misuse and the need for any future program and regulatory changes.
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