Is It Fair/legal To Conduct Hair Follicle Test?

Topic 23731 | Page 1

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Wolfpack 's Comment
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I’m just throwing this out there but I don’t believe it is fair maybe even be unconstitutional to hair test NEW drivers for Marijuana. Laws have changed and It is as legal as alcohol in Colorado for example. So how can a new driver be held accountable for a legal activity done months ago? A career can be ruined over something that is not illegal. It makes sense for current drivers etc and absolutely screen months out for other substances.

OWI:

Operating While Intoxicated

Brian's Comment
member avatar

Unless I'm mistaken, marijuana can be legalized at the state level, but it's not legal at the federal level. So Companies can still decide their own policy on the matter.

Daniel (Turtle)'s Comment
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Unless I'm mistaken, marijuana can be legalized at the state level, but it's not legal at the federal level. So Companies can still decide their own policy on the matter.

you are correct sir.. That is my understanding also..

Errol V.'s Comment
member avatar

Wolfpack, are you complaining about hair follicle tests or legalization of marijuana?

Currently a hair test is not required by FMCSA , but a pee test is. But many companies are basing hiring decisions on hair tests, which they can do. The same as if they decide an applicant has worked for too many different carriers in the last two years.

As for what is legal and what is not, FMCSA is a Federal organization, and marijuana is still illegal under the federal government. The thing about state legalization is more of a rebellion by some states. And believe it or not, the US Attorney General is deciding not to pursue this local legalization.

CSA:

Compliance, Safety, Accountability (CSA)

The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

FMCSA:

Federal Motor Carrier Safety Administration

The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

What Does The FMCSA Do?

  • Commercial Drivers' Licenses
  • Data and Analysis
  • Regulatory Compliance and Enforcement
  • Research and Technology
  • Safety Assistance
  • Support and Information Sharing

Fm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
Brian's Comment
member avatar

From what I'm gathering,

certain states have employment protections for medical marijuana users. In these states, employees generally cannot be fired or otherwise discriminated against for smoke the medical cannibas. But thats also just for medical not recreational which is what I'm assuming you are referring to which it sounds like in that case like we said they have discretion to do whatever they want. Also as far as the protection laws go.

These laws do not prohibit employers from discriminating against medical marijuana patients in order to comply with federal requirements which in this case like Errol said fmcsa.

CSA:

Compliance, Safety, Accountability (CSA)

The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

FMCSA:

Federal Motor Carrier Safety Administration

The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

What Does The FMCSA Do?

  • Commercial Drivers' Licenses
  • Data and Analysis
  • Regulatory Compliance and Enforcement
  • Research and Technology
  • Safety Assistance
  • Support and Information Sharing

Fm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
Brett Aquila's Comment
member avatar

What trumps all of the laws is whether or not a drug inhibits your ability to drive a commercial vehicle safely. There are tons of legal prescriptions that are not allowed for commercial drivers because they make you drowsy or can otherwise inhibit your cognitive abilities.

So in the end it makes no difference if something is legal or not. What matters is whether or not it's safe for commercial driving, and marijuana will never be allowed for commercial driving.

G-Town's Comment
member avatar

Brett wrote:

So in the end it makes no difference if something is legal or not. What matters is whether or not it's safe for commercial driving, and marijuana will never be allowed for commercial driving.

Amen to that.

Wolfpack 's Comment
member avatar

All good responses and I don’t use marijuana for the record. I understand the seriousness of this business and drugs have no place. I’m specifically talking about a candidate that has not been driving that fails a hair follicle test. That person has committed no crime (federal or state) if used in a legal state. No matter ones feeling on this that is a fact. There is an explosion of CBD options that can be taken unlike the stereotypical pot smoker for example. This is the wave of the future and although it will never be legal to drive and smoke/ingest Canabis, how can companies label it a failed drug test if used 4 months ago for example before driving. Which in turn ruins a career. I’m not complaining about drug screening and companies have a right to test any way they want. They do not have a right to share that info and ruin a career.

Brian's Comment
member avatar

They can label it a failed drug test because that's the time frame want to use, again their right. It's the same for law enforcement, you go through a very extensive background, and if you are dismissed from a department while going through the process for any reason whether it be drugs or criminal background, and turn around and try to apply for another department they will find out and won't waste their time with you. Truck driving is a serious career.

LDRSHIP's Comment
member avatar

I’m just throwing this out there but I don’t believe it is fair maybe even be unconstitutional to hair test NEW drivers for Marijuana. Laws have changed and It is as legal as alcohol in Colorado for example. So how can a new driver be held accountable for a legal activity done months ago? A career can be ruined over something that is not illegal. It makes sense for current drivers etc and absolutely screen months out for other substances.

This is an easy one. States actually no right to fully legalize it. It is still a banned substance in the good ol' USA on a federal level. The DEA could literally park a prison outside of a dispensary in Colorado and as people walked out with their marijuana, arrest them for possessing an illegal substance. The best part, it would be completely legal to do so!!!!

OWI:

Operating While Intoxicated

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Background Checks CDL Pre-Hire Drug and Alcohol Testing FMCSA Hair Follicle Drug Testing Pre-Employment Screening Program Understanding The Laws
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