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Prescription drugs - Employer's Responsiblity

Discussion in 'Trucking Industry Regulations' started by Rookie2345, May 25, 2010.

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  1. May 25, 2010 #1
    Rookie2345

    Rookie2345 Bobtail Member

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    May 25, 2010
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    Hi guys,

    Could any of you give me information about an employer’s responsibilities for testing drivers for prescription drugs? Or if not testing, then enquiring about what prescription drugs the driver is on?
    If they are required to test or enquire, how often do they need to do this? And do they need to do this when they first hire someone? What about when they rehire someone?
    Thanks in advance for your help with this.
     
    Rookie2345, May 25, 2010
    Rookie2345, May 25, 2010
    #1
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  3. May 25, 2010 #2
    The Challenger

    The Challenger Kinghunter

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    The Challenger, May 25, 2010
    The Challenger, May 25, 2010
    #2
  4. May 25, 2010 #3
    GasHauler

    GasHauler Master FMCSA Interpreter

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    Your best bet is to see the FMCSR part 40.
     
    GasHauler, May 25, 2010
    GasHauler, May 25, 2010
    #3
  5. May 25, 2010 #4
    Rookie2345

    Rookie2345 Bobtail Member

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    May 25, 2010
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    Thanks very much for the quick replies.
    After a little research, it seems that employers are legally required to regularly schedule drug / alcohol testing for drivers, but the drug test only covers 5 categories of drugs - and would not include many prescription drugs.
    I am curious about how an employer would know if the driver was taking prescription drugs that made it unsafe for him/her to drive (regardless if the prescription drugs were obtained legally, through a real prescription, or not). Since there are many prescription drugs that it can be dangerous to drive while taking, I would have thought the employer would have a legal responsibility to test for these as much as they would drugs / alcohol? Would a physical be the only point where prescription drug taking would come to light?
    If a driver were taking prescription drugs that made it dangerous for him to drive, but he/she did not voluntarily disclose the information to the doctor doing the physical, or to the employer, how would the employer ever come to know? Also, how regularly do physicals have to be taken?
    It seems like this is a danger that might not be adequately covered.
    Thanks again for all your help with this - I really appreciate it.
     
    Rookie2345, May 25, 2010
    Rookie2345, May 25, 2010
    #4
  7. May 25, 2010 #5
    GasHauler

    GasHauler Master FMCSA Interpreter

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    The test will pick up opiates and stimulates. If anyone is taking prescribed meds and is not sure then I would strongly suggest that they talk with their doctor and make SURE he or she knows the DOT rules and is fully quified to prescibe that medication. I would also talk with the employer. Try to hide something like this could get you into a whole alot of trouble.
     
    GasHauler, May 25, 2010
    GasHauler, May 25, 2010
    #5
  8. May 25, 2010 #6
    Rookie2345

    Rookie2345 Bobtail Member

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    May 25, 2010
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    Thanks for the feedback.
     
    Rookie2345, May 25, 2010
    Rookie2345, May 25, 2010
    #6
  9. May 26, 2010 #7
    Rollover the Original

    Rollover the Original Road Train Member

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    Also if ANY of your drugs have the sticker that says do not operate heavy equipment or drive or it can cause drowsiness don't get behind the wheel.

    Reason: If you crash and burn and involve another person it this accident and it's found that you are taking a med like that you will be drug through so much trash not to mention a law suit you'll wish you had stayed home! Any medication that can cause drowsiness is not something you want in your system while around a truck.

    As stated before ask your doctor or better yet your pharmacist as they know better than the doctor and then there is the product information sheet that comes with every drug you buy!

    Good luck
    Rollover
     
    Rollover the Original, May 26, 2010
    Rollover the Original, May 26, 2010
    #7
  10. May 26, 2010 #8
    359kool

    359kool Light Load Member

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    All drug labels say that.. My judgement's impaired whether I take meds or not, but I better not catch you driving on a tylenol.. :biggrin_25523:



    Sounds as if you are just not satisfied with the 5 panel drug test.. We should just crack down on every driver that even thinks about taking a med, whether its for a toothache, bad back, blood pressure, nervous disfunction or whatever.. Doesn't matter.. :biggrin_25523:


    People like you should get a life or just move back in with your mom..
    Maybe you'd feel safer too if employers have all commercial vehicles outfitted with training wheels and spy cameras.. :biggrin_25513:
     
    359kool, May 26, 2010
    359kool, May 26, 2010
    #8
  11. May 26, 2010 #9
    rich_t

    rich_t Road Train Member

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    No they don't.
     
    rich_t, May 26, 2010
    rich_t, May 26, 2010
    #9
  12. May 26, 2010 #10
    359kool

    359kool Light Load Member

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    Jun 18, 2009
    alabama
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    Put up or shut up then .. Common over the counter meds have those warnings just to cover the lawsuits. Stop gettin in over your head..

    :biggrin_25510:
     
    359kool, May 26, 2010
    359kool, May 26, 2010
    #10
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