Prescription drugs - Employer's Responsiblity

It is legally the drivers responsibility to inform there employer of any drugs (over the counter or prescription) that they are taking and any side effects which may cause a problem. Failure to do this may lead to your immediate termination and will go on your DAC. making it much harder to ever get a driving job again.

After it has been reported then it falls to the employer to make sure that no driver operates any equipment while on any drug that may cause an accident.

In other words boy's and girls. If you have a cold and take something for it that may make you drowse and you don't report it you could find yourself sitting at home collecting un-employment instead of driving. If you do report it and your company lets you drive then they are begging for a giant law suit.

 

A driver worked for my employer through the winter. In spring, he went back to his better job, driving a concrete mixer. One day he slipped off the ladder on the mixer and cut his thumb. It was revealed that he had taken his wife's prescription pain med for his own pain. I think he had arthritic knees. The mixer company fired him, and my employer would not take him back.

 

I take more than one prescription drug that does NOT says do not operate heavy equipment or drive or it can cause drowsiness, on the label.

 

Done deal.. Sorry to anyone I offended..

I was just annoyed that someone on a truckers forum would suggest that truckers don't have enough sense to take medication, thats all..

Being an employer and a driver in this buisness myself, I can't see why an employer would need to know about a drivers prescription medication any more than his dispatcher would.. That's what MD's and random drug tests are for..

Folks that drive lose whatever privacy their is in medical history and records and have to put up with enough as it is..

 

As an employer, you should have policies in place that address prescription medication use on your drivers. HIPAA is not a factor.

There are conditions that can develop during the period covered during the valid medical card. However, some medications that may be started are not on the allowed list. Many drivers will start on these and not even consider that they are not allowed.

You as the employer will be held responsible.

But then again, I am just a dumb truck driver who has owned a company in the past and was the DOT officer for a small company as well.

You can run as you wish, but I would strongly suggest you evaluate the section noted.



http://www.fmcsa.dot.gov/rules-regulations/topics/medical/faqs.aspx?#question37
61.
My medical certificate is still valid. Am I prohibited from operating a CMV if I have a medical condition that developed after my last medical certificate was issued?
FMCSA regulations prohibit a driver from beginning or continuing to drive if their ability and/or alertness is impaired by: fatigue, illness, or any cause that makes it unsafe to begin (continue) to drive a commercial vehicle.
Even if a driver currently has a valid medical certificate, the driver is prohibited from driving a CMV with any medical condition that would be disqualifying or may interfere with the safe operation of a CMV. Once a disqualifying medical condition is resolved, and before resuming operation of CMVs, a driver is responsible for obtaining re-certification from a Medical Examiner. 391.45

 

Today on the Lockridge (sp) report on Roaddog Evan had three guest. A Texas State Trooper a Lawyer and an Insurance man. This same question was asked of them.

The Cop said: When an accident happens a drug test will be given. If it turns out that the driver was on a drug , over the counter or prescription, And his company did not know cause they did not require the driver to tell them about all drugs they are taking and why. I will first impound that truck and then make sure that the D.A.'s office knows this. I'll also make my self available to the other parties lawyer as an expert witness. That kind of "blind eye" will cost a company lots of money.

The Lawyer said: that kind of policy of turning a blind eye will cost a company. When a lawyer such as myself gets ahold it, and we will find out, We will win big time.

The Insurance man said: When find out that a company has no requirements that there employees report ALL drug us. We will tell them to change that or lose there coverage and without coverage they are out of business.

So you can see why it would be best for the employer to know everything the driver is taking and to make sure he dose not drive if there is any chance it could come back on them. If you can't I refer you to my last post.

After it has been reported then it falls to the employer to make sure that no driver operates any equipment while on any drug that may cause an accident.

In other words boy's and girls. If you have a cold and take something for it that may make you drowse and you don't report it you could find yourself sitting at home collecting un-employment instead of driving. If you do report it and your company lets you drive then they are begging for a giant law suit.

 

Well if that's how it is then every truck driver employer would also need to be a pharmacist, know all the side effects of every drug his driver takes.. Give me a break.. I see what the problem is now, look at your sources..

Insurance policies vary from one company to the next, and so does a cops opinions.. That leaves you with lawyers, sue anybody for anything, so what is your point..

Suppose a driver tells his employer that he's had ritalin, viagra, zanax, drank some Nyquil and been poppin aspirin over the last few days.. None of that would be a positive result on a random but it don't sound very healthy.. What are you going to do about it??? Send him to the clinic to get a negative drug test result or just fire him and hope he don't sue you???
If a company is doing random testing like they're supposed to no way a court is going to expect a truckin company to be givin out any prescription medication advice..

Like I said before, this whole discussion is goofy to start with, suppose a driver crashes and has taken alot of meds that don't show on a test, what does that prove.. If they cause people to crash they would show up in the drug screen or what's the point..
What if a company advises a driver they'd rather he not use the adderall his doctor approved because it will show a positive and he wanders off the road and crashes the next day..

FMCSA can make all the rules they want. Coming up with rules based on nothin and then revising them later on is what they are goog at.. Keeps everything screwed up so they can fine truckers for non-compliance.. Just look at the log book rules we have.. The FMCSA is about as useless to safety as that agency that was responsible for monitoring BP oil rigs in the gulf..

Best to leave the medical dilemna up to the ones who spent years at medical school and have a license to practice..

From here on I'm out of this discussion..

 

Any prescription drugs would have to be listed on the DOT medical long form. If a driver has any medical condition listed in Part 391.41 they are not medically qualified to drive.


http://www.fmcsa.dot.gov/rules-regu.../fmcsrruletext.aspx?chunkKey=09016334800238b9

Any driver that has been injured or developed a disease that affects Part 391.41 must be re-examined.

http://www.fmcsa.dot.gov/rules-regu.../fmcsrruletext.aspx?chunkKey=09016334800238bb

Any driver that neglects to report the issues identified is subject to administrative or criminal prosecution.

Be safe.

 

"(b) (9) Has no mental... ...or psychiatric disorder..."

Well, there goes about 90% of the fleet....