Cannabis Testing, Swift, NYC Ban On Cannabis Testing

Topic 25815 | Page 1

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D P.'s Comment
member avatar

I am wondering how trucking companies get away with discrimination for those who use prescribed medications? My qualification for Swift was just reversed since I explained to the recruiter that I used marijuana under Doctor's advice for just a few days. She said in THREE YEARS I could re-apply! Excuse me but my driving record on my job (which is not CDL but is a driving job, 75 hours a week...) is still perfect and my service record is also the maximum, which is rare for the amount of work I do. So it's not a safety issue directly and it's legal in my State, it's under a Doctor's direction and it was a very brief usage. Now I cannot earn a living and support my family? What country is this again? I'll be able to pass a urine test within a week or two and a hair follicle test within about two more months. At that time, I cannot work for Swift. I've heard Swift is not the best outfit but it's quite a slap in the face.

For those who are not aware, NYC just banned testing for cannabis for most jobs. https://www.nytimes.com/2019/04/11/nyregion/marijuana-drug-testing-nyc.html This does not stop Federal DOT testing but does inhibit it for anything but certain medical caregiver, construction and a few other jobs.

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.

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.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
PackRat's Comment
member avatar

Drugs and operating any motor vehicles do not mix. Never have and never will. If you feel they do, you will not get much traction here.

Rick S.'s Comment
member avatar

Motor Carriers are required to follow FEDERAL REGULATIONS regarding substances - and THC (weed) is one of those that are PROHIBITED.

Without getting into the politics of whether or not there are legitimate medicinal uses for weed, or even whether or not I think it's OK to use recreationally - even if it were decriminalized at at federal level, it would still be prohibited for folks in SAFETY SENSITIVE POSITIONS (truckers, pilots, etc.).

We can kick this can up and down the road - but the fact is - it will likely NEVER BE OKAY to use weed (or THC products) and drive a truck.

Now I cannot earn a living and support my family? What country is this again?

No one said you can't earn a living - just not driving a truck. It's the US of A - where people driving 80K lbs of rolling death are prohibited from using substances that might impair their ability to operate a commercial vehicle on public highways.

And with an attitude like this - you aren't likely to find much sympathy round these parts...

Rick

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Spaceman Spiff's Comment
member avatar

This does not stop Federal DOT testing but does inhibit it for anything but certain medical caregiver, construction and a few other jobs.

That's really the answer there. State legalized marijuana, even medically recommended does not supercede federal level rules. Discrimination isn't really the correct phrase, these are companies following the law.

Even if legalized marijuana becomes passed at the federal level, there likely won't be a change for the companies overnight to accept it (see insurance companies).

I'm from CA and it surprised me how many folks were shocked to find companies still drug testing after Prop 64 was passed. Just because it's legal doesn't stop a company from enforcing it's own policy.

Some more experienced drivers may be able to give guidance on your employment possibilities before the 3 year mark. You didn't take a drug test of any kind yet, correct?

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.

OWI:

Operating While Intoxicated

Rob D.'s Comment
member avatar

Federal law trumps state law. Your DOT medical card falls under the jurisdiction of the U.S. (Federal) Department of Transportation.

DOT Notice Regarding Medical Marijuana

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.

Tractor Man's Comment
member avatar

Here we go again! I'll be back in a little while........going out to get some POPCORN!

rofl-3.gifsmile.gif

Rob D.'s Comment
member avatar

BTW D.P., had you read the article closely you would have seen this statement:

Nor would it end the drug-test requirements imposed by the federal government on transportation workers like truck drivers and pilots.
Army 's Comment
member avatar

I like this part of the article,

"We want to make it perfectly clear that the DOJ guidelines will have no bearing on the Department of Transportation’s regulated drug testing program. We will not change our regulated drug testing program based upon these guidelines to Federal prosecutors.

The Department of Transportation’s Drug and Alcohol Testing Regulation – 49 CFR Part 40, at 40.151(e) – does not authorize “medical marijuana” under a state law to be a valid medical explanation for a transportation employee’s positive drug test result."

You can argue it all you want, beat your head against the wall, whatever you want to do, but it is not currently going to change the fact that the Federal Government is the higher authority.

Old School's Comment
member avatar
Now I cannot earn a living and support my family? What country is this again?

OMG! Cry me a river man!

You knew you would be drug tested. That's why you discussed all this with a recruiter. The only party guilty of discrimination is YOU. You actually discriminated against yourself by not waiting and being clean for a drug test. It was as simple as that! You blew it big time, now you want to cry and point fingers, and tell us, who diligently keep ourselves drug free for our careers, that you've been discriminated against. I can't believe you!

Well, I'll tell you what country it is - it's a country where hard working honest people with integrity and gumption can get ahead and be what or who they want to be. It's also a country of whiners and complainers who would like everything good in life to be given to them without being diligent and disciplined. You'll have to figure out which part of this great country you want to be a part of. After you get it figured out there will still be trucking jobs available for you, or there's always the local car wash, or the quick-lube. You don't have to be a trucker to support a family.

Bruce K.'s Comment
member avatar

What about that CBD stuff that is so popular now? Is that red-flagged for drivers also?

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