Is It Fair/legal To Conduct Hair Follicle Test?

Topic 23731 | Page 2

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Grumpy Old Man's Comment
member avatar

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.

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

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

Interstate Commerce:

Commercial trade, business, movement of goods or money, or transportation from one state to another, regulated by the Federal Department Of Transportation (DOT).

Interstate:

Commercial trade, business, movement of goods or money, or transportation from one state to another, regulated by the Federal Department Of Transportation (DOT).

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.
Big Scott (CFI Driver/Tra's Comment
member avatar

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.

Prehire:

What Exactly Is A Pre-Hire Letter?

Pre-hire letters are acceptance letters from trucking companies to students, or even potential students, to verify placement. The trucking companies are saying in writing that the student, or potential student, appears to meet the company's minimum hiring requirements and is welcome to attend their orientation at the company’s expense once he or she graduates from truck driving school and has their CDL in hand.

We have an excellent article that will help you Understand The Pre-Hire Process.

A Pre-Hire Letter Is Not A Guarantee Of Employment

The people that receive a pre-hire letter are people who meet the company's minimum hiring requirements, but it is not an employment contract. It is an invitation to orientation, and the orientation itself is a prerequisite to employment.

During the orientation you will get a physical, drug screen, and background check done. These and other qualifications must be met before someone in orientation is officially hired.

Brett Aquila's Comment
member avatar
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.

Bobcat_Bob's Comment
member avatar

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.

G-Town's Comment
member avatar

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.

CMV:

Commercial Motor Vehicle

A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards
Brian's Comment
member avatar

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.

DUI:

Driving Under the Influence

Daniel (Turtle)'s Comment
member avatar

double-quotes-start.png

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.

double-quotes-end.png

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..

CMV:

Commercial Motor Vehicle

A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards

DUI:

Driving Under the Influence

DWI:

Driving While Intoxicated

G-Town's Comment
member avatar

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.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

OTR:

Over The Road

OTR driving normally means you'll be hauling freight to various customers throughout your company's hauling region. It often entails being gone from home for two to three weeks at a time.

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

CMV:

Commercial Motor Vehicle

A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards

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

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

Turtle's Comment
member avatar
Daniel the New Turtle

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

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

smile.gif

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