Hair And Drug Testing Rule Could Become Public Early 2020

Discussion in 'Trucking Industry Regulations' started by Eddiec, Dec 27, 2019.

  1. Studebaker Hawk

    Studebaker Hawk Road Train Member

    2,883
    9,110
    Oct 18, 2010
    NW Indiana
    0
    Since hair testing can detect drug use going back upwards of 6 months then how does the present situation with using legal marijuana in those states affect things. The Federal government is belatedly considering removing it from the schedule 1 list, effectively making it legal Nationwide.
    I know at the moment CDL holders are not supposed to use anything with THC, but how does that square with the more popular mind altering substance alcohol?
    Example: If you go on a week long drunk, sober up for 24 hrs, as long as there is nothing in your blood stream and you are not impaired, you can drive a commercial vehicle.
    If you do the same, use marijuana while on vacation, stop using 48-72 hrs before going on duty, nothing would show on a urine test, not impaired you can drive a commercial vehicle.
    But the hair test precludes any recreational use involving THC for 6 months, or more and different results for different hair types, a genetic trait.
    As bad as employers and the testing companies want this, I don't think it makes it, given the liberalization of the drug laws regarding marijuana use.
     
    Tb0n3 Thanks this.
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. tampadedicated

    tampadedicated Light Load Member

    122
    251
    Apr 11, 2017
    0
    Mary JJ even if removed from the scheduled drug class list, will never be ok for anyone driving a truck legal at the federal level and decriminalized or not.

    This is considered a safety sensitive position which requires advanced training to do properly, which is what your CDL IS........and one of the requirements as such, by bylaws at the state and federal level requires any safety sensitive position regardless of industry that is engaged with the general public at large, states no person shall directly, or indirectly by either willful ignorance of law, or a lack of understanding of such HOLD or WORK in that capacity under the impairment of a drug regardless or its legality which would put in harms way the agent for, of, or an individual company the general public at large during the performing of, certification of, or execution of said safety sensitive duty that can, or will likely result in through the course of a work related incident the death, injury regardless the severity, or maiming of another person.

    This is what’s also called “violation of the public trust”......because the public trusts that the people in these positions are held to a higher standard than themselves are, and they are properly trained, overseen, and regulated by a governing body which also has a dutiful obligation to keep the general public safe during the execution of said position and regulatory body.

    That’s the end of the debate from the legal side. It will never happen, ever, in anyone’s lifetime because of the potential breech of public trust, and the unknown and inherit potential fatality of an incident in which through the use a drug which impacts ones reaction times, logical/critical thinking results in a form of cognitive, musculoskeletal, or other neurological/neuropathic impairment
     
    Last edited: Jan 6, 2020
  4. Northeasterner

    Northeasterner Medium Load Member

    393
    312
    Apr 1, 2018
    0
    I'm not comfortable w/ hair follicle testing. I had it done once or twice at a previous company, they took large swathes of my hair and I'm already starting to lose my hair. I spent years growing my hair as long as it is, and they shouldn't be allowed to just cut that away, especially when they already have urine testing.

    Urine, hair, blood. Where does it end? At what point do the same safety groups who likely scream "My Body, My Choice" acknowledge that as a trucker, MY body belongs to ME.

    It's my body, and I'm sick of the "safety-based" attempts to encroach upon it.
     
  5. Dino soar

    Dino soar Road Train Member

    4,589
    21,825
    Dec 8, 2017
    0
    I don't get what it is that you are saying. You are saying no one is supposed to drive under the influence of.. Anything.

    And your point is???

    I may have misunderstood you, but your post makes it sound like marijuana is the most horrible evil terrible dangerous thing and if they legalize it everyone will be driving under the influence and it'll be the end of society as we know it and the federal government will never ever under any circumstances even if it's legal, permit that horrible horrendous terrible evil vile... little plant that grows from the ground... to be taken by any driver anywhere at any time in any state at any moment,.... even when it is completely and totally legalized on a federal level and removed from the list of controlled substances in all 50 states exactly the same as alcohol.

    If that is your point of view I have to disagree. If it is removed from the list of controlled substances, and it is legal, legal is alcohol is legal, sold at the corner store, sold in the supermarket sold whereever, there is no law to prohibit it.

    Now I doubt this will happen, but if it were to be legalized before they had a test to see if you are under the influence, then maybe possibly they could find a way to prevent its usage until they can determine inebriation.

    I suppose Anything is Possible, but our government moves so slow it'll probably be 10 years before it's federally legalized. By that time they will have the breathalyzer that will tell if you are under the influence.

    After all, that's supposed to be the point. Not to be under the influence while driving.
     
    Studebaker Hawk and Tb0n3 Thank this.
  6. tampadedicated

    tampadedicated Light Load Member

    122
    251
    Apr 11, 2017
    0
    Yeah you missed the point. Are you allowed to drive a CMV under the influence of alcohol?

    If the answer is NO, you’ll see the whole point that I’m making, backed up with law, and common sense.

    Its really not that difficult to understand
     
  7. x1Heavy

    x1Heavy Road Train Member

    34,017
    42,098
    Mar 5, 2016
    White County, Arkansas
    0
    DNA has just started evolving to the Lab's being able to build a 3D imagery of your real time appearance based on Phenology within the strands of DNA today. If they ever get to where they can determine what damage was from within some of that then they can make a case for that in the next evolution that the damage was from drugs etc.
     
    Northeasterner Thanks this.
  8. tampadedicated

    tampadedicated Light Load Member

    122
    251
    Apr 11, 2017
    0
    Aside from that they can take hair from any portion of your body and only go back 90 days at most which is only 1½ inches.

    Leg hair, back hair, sack hair, it don’t matter, so if you wanna have some fun they’re not prepared for, shave your entire body except your brown eye

    Literally shave everything except your ###.
    Hair testers aren’t prepared emotionally or visually to see a body cavity
     
    x1Heavy Thanks this.
  9. Dino soar

    Dino soar Road Train Member

    4,589
    21,825
    Dec 8, 2017
    0
    .
    I guess I did miss the point.

    If marijuana is made legal in all 50 states federally and removed from the list of controlled substances, you're not going to be allowed to drive under the influence of it just the same as alcohol.

    It sounds like you are saying even if it is legalized it will never be permitted and that's the point that I can't understand. If it is legalized you're not going to be able to drive under the influence of it, just like alcohol.

    If it is fully legalized, I don't know what law there is that will prohibit you from it. That is the point of making it legal because then... it's legal.

    There was a time women could not vote because it was illegal. Then it became legal. So you can't arrest a woman for voting because what she's doing is... Legal. When something is legal, you are legally permitted to do it because that is what the law says... it is legal to do so.

    So you are not allowed to drive under the influence of alcohol and if pot is legalized you won't be able to drive under the influence of it either.

    Yeah I definitely missed your point.
     
  10. x1Heavy

    x1Heavy Road Train Member

    34,017
    42,098
    Mar 5, 2016
    White County, Arkansas
    0
    Full legalization is pending. Just a matter of other pressing matters clogging our Congress.

    If Pot became legal as water then FDA would be the one to manage it. Not DEA. Last time I checked coffee is not illegal or banned in 18 wheelers for example.

    Im already using a source of CBD oil as a lotion without THC and it's completely legal in the state where i am it almost completely replaces all previous clinical care.

    I suppose some drip will find a way to make it illegal for semi trucks somehow. I dare them to.
     
    Dino soar Thanks this.
  11. tampadedicated

    tampadedicated Light Load Member

    122
    251
    Apr 11, 2017
    0
    Yeah the main part people don’t grasp is the whole safety sensitive part.

    A drug regardless of legality that impacts motor functions is, has, and will always be a CDL disqualifier.

    just like narcotic based prescriptions now, you can’t legally drive with even something as simple as NyQuil.

    If they DQ that, you really think that if weed is legal they’ll say: “oh yeah sure, that’s not a problem you can drive a CMV”

    If you think so, you’re smoking your product and need to just distribute not consume upload_2020-1-7_18-13-18.png upload_2020-1-7_18-13-18.jpeg
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.