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Published November 29, 2023
In a recent development that will significantly affect the trucking industry, federal trucking regulators have issued a stern warning. By late next year, truck drivers testing positive for drug use will not only face prohibited driving status but also risk losing their commercial driver licenses (CDL). This move is part of the Federal Motor Carrier Safety Administration’s (FMCSA) efforts to enhance safety on the roads.
The FMCSA, in a notice dated Nov. 28, outlined the consequences for drivers with drug-and-alcohol program violations. According to the notice, a driver in violation will be prohibited from performing safety-sensitive functions, including operating Commercial Motor Vehicles (CMVs), until they complete the federal return-to-work process.
The warning comes as a reinforcement of the FMCSA’s final rule issued in October 2021. By November 18, 2024, drivers with a ‘prohibited’ status in the Drug and Alcohol Clearinghouse will either lose their existing CDL or be denied new ones until the return-to-duty process is successfully completed.
The Clearinghouse, implemented in January 2020, has proven effective in identifying and removing drivers with drug-related issues. Since its inception, there have been 224,000 positive drug and alcohol tests recorded, with the majority linked to marijuana use. However, concerns linger as a significant number of drivers remain in prohibited status, possibly leaving the profession instead of participating in the return-to-duty program.
Despite efforts to improve safety, the FMCSA faces challenges in understanding the reasons behind the persistence of drivers in prohibited status. The American Transportation Research Institute (ATRI) published a report highlighting marijuana test failures and suggested that many drivers are opting to leave the industry rather than completing the return-to-work process.
The ATRI study emphasizes that marijuana poses a unique problem. Even though it is legal in many states, truck drivers face zero tolerance. Smoking a joint can result in a failed drug test, leading to serious consequences for the driver’s career.
In response to concerns, FMCSA highlighted the addition of over 1 million new CDL driver records in calendar years 2021 and 2022. The agency sees this as a positive indicator of new drivers entering the industry, suggesting that the drug and alcohol program is holding individual drivers accountable for violations and ensuring compliance with return-to-duty requirements.
As the trucking industry braces for significant regulatory changes, it is crucial for drivers to be aware of the serious implications of drug testing violations. The FMCSA’s commitment to safety underscores the importance of a robust return-to-work program. Drivers must navigate these regulations with diligence, understanding that compliance is not just a legal requirement but a vital component of ensuring road safety.
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