Is It Fair/legal To Conduct 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.

That is not a fact. As Patrick said, it is a federal crime. You have committed no state crime, but it is still against federal law, and commercial licensing follows federal law, because it is involved in interstate commerce.

As far as companies going above and beyond DOT or FMCSA requirements, that is their right, and very well could be a requirement imposed by their insurance company. After all, it is mostly the mega carriers requiring it, and it is the mega carriers hiring people with zero experience. If you had a year's experience, you would have at least one, and possibly more than one drug test already, and would have an established history.

In any case, as long as they are not discriminating against a protected class (age, race, religion, etc.) it is their right to set whatever standards they want.

If you fail a drug test for any reason it could ruin your career. You can fail for many reasons. If you can't pee, you fail. Pee not warm enough, fail. While true medical Marijuana has the chemicals that make you high removed, it can still "fog" your brain and make you unsafe to drive. I know this because my aunt has a prescription for it. She is in constant pain and can't walk without a walker.

However, like I said any failed drug test can ruin one's trucking career before it starts. Also, any company can refuse to hire you for failing a drug test or any prehire test.

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.

There's a couple of issues here.

First of all, like many people, you feel very strongly about your own rights but you don't seem to consider the rights of others. When do you step up and recognize that the innocent families sharing the road with you and the employers who are legally liable when you get in a wreck have the right to know that you haven't recently been using anything that will impair your ability to drive? That stuff doesn't just leave your system in the blink of an eye. That's why it still shows up even on urinalysis tests for quite a long time.

Marijuana is illegal Federally, it's illegal in most states without a prescription, and regardless of the laws it is never going to be allowed for commercial driving because it impairs your cognitive functions. Therefore it shouldn't be used within a given time frame of driving a truck or doing any other critical safety function.

There's also a level of responsibility and commitment companies are looking for. They want to know that you're serious enough about this very serious endeavor that you understand the regulations and you're willing to follow them. You know what's being tested for and you have a good idea about the time frame involved. If it's too much to ask to stay clean for a few months then you're simply not serious enough about this profession and you should probably get a job without critical safety functions.

When you take jobs that put the well-being of the public in danger there are much higher standards and expectations. You're a big fan of personal rights. Well you have the right to take a desk job somewhere that doesn't have such stringent requirements. But you don't have the right to take drugs that will impair your abilities shortly before taking the lives of innocent families into your own hands.

As a couple of side notes, I find it odd that you feel so strongly about this and yet you don't even know that Marijuana is illegal Federally. I also find it odd that you would want to demonstrate you feel so strongly about this as if you're not aware that this drug stays in your system for quite a long time. It's not good judgment to campaign for the right to use drugs that impair judgment before performing a safety critical function.

State law can not supersede federal law, so yes it is still illegal on the federal level they are legally allowed to test as they are.

State law can not supersede federal law, so yes it is still illegal on the federal level they are legally allowed to test as they are.

Much of this exchange borders on absurd. Many of you seem to be missing the most important aspect of this discussion.

Alcohol is legal to consume in all of the lower 48 and federally. Right? It’s perfectly legal to test for blood alcohol as a condition of hire to drive a CMV and randomly to maintain viable employment. Every company I know of has a zero tolerance for even trace amounts. There is a direct correlation with drug testing. Anything that impairs judgement, cognitive skills and motor skills has no place in this business.

We all get tested and must agree to it before employment occurs. If you don’t authorize it, or refuse, no job.

You brought up a great point Brett with " but you don't seem to consider the rights of others. When do you step up and recognize that the innocent families sharing the road with you"

I think that is a great point. It reminds me when people say HEY refuse dui checkpoints they are illegal!!! Roll your window down the length of a light switch and when the officer asks have you been drinking tonight you say am I being detained roll your window back up. Well that's you right and it's also the officer's right to either let you go or make a long night for you. BUT more importantly someone who has lost a friend or family member to a drunk driver would probably disagree with that approach.

It's your right to smoke weed and their right to test you for it. They would probably go back farther if they could. Or may they can and I'm unaware.

State law can not supersede federal law, so yes it is still illegal on the federal level they are legally allowed to test as they are.

Much of this exchange borders on absurd. Many of you seem to be missing the most important aspect of this discussion.

Alcohol is legal to consume in all of the lower 48 and federally. Right? It’s perfectly legal to test for blood alcohol as a condition of hire to drive a CMV and randomly to maintain viable employment. Every company I know of has a zero tolerance for even trace amounts. There is a direct correlation with drug testing. Anything that impairs judgement, cognitive skills and motor skills has no place in this business.

We all get tested and must agree to it before employment occurs. If you don’t authorize it, or refuse, no job.

Agreed.. And can even go further with this.. Most companies will not hire if ever had a DWI/DUI in past 5 years..

Even though Alcohol is legal, its the notion that you misbehaved behind the wheel of a vehicle in the past, and could be a risk to do it again..

Could even take it another way.. Diabetics who takes Shots of insulin still are prohibited to drive a CMV.. Anything that can impair you..

Daniel the New Turtle is misinformed...

Could even take it another way.. Diabetics who takes Shots of insulin still are prohibited to drive a CMV.. Anything that can impair you..

Absolutely NOT true. We have at least one driver in this forum who is Type 1 and insulin dependent, he’s been driving for over two years safely. Although previously it used to require a protracted waiver process, the laws have changed. One of our Newbies is diabetic and recently learned he can get the CDL without dealing with months of red tape.

Please refer to FMCSA guidance on diabetes.

Yeah, they just changed the diabetes requirements and we in fact just posted an article in our wiki about it. Check it out:

Trucking With Diabetes - Newest Regulations For 2018

Daniel the New Turtle

Ahem... "New" implies a change from the "old".

I'm still here... *waves arm high