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Federal Motor Carrier Safety Administration Proposes New Drug Testing Rules

Fmcsa new drug testing rules.

The recent announcement that the DOT is proposing new requirements for drug and alcohol testing to be disclosed for commercial truck drivers is a great step forward for highway safety.

Under the new rule, a clearinghouse would be established that includes all commercial driver’s license holders, making it much easier for motor carriers to learn whether the driver has violated drug or alcohol regulations or refused mandatory testing.

Transparency outlined in the proposal benefits not only individual trucking companies but also helps ensure that drivers on the road have not violated drug and alcohol rules in the past.

Current law requires Motor Carriers to investigate and screen commercial truck drivers before they are hired, to ensure the driver is qualified to drive. The new rules would make pre-employment screening easier and more thorough for trucking companies, providing easy access to the results of drug and alcohol testing for potential drivers who test positive.

Database as a Safety Factor

By creating a central database of positive drug or alcohol tests, the practice of truckers moving to other states to obtain new employment after losing a job will be much harder for those who have drug or alcohol violations.

Under the proposed rule, trucking companies, third-party drug and alcohol testing labs, and medical review officers would be required to report failed drug or alcohol tests or instances when a commercial driver refuses a drug or alcohol test.

Post Crash Testing

After a serious semi-truck or commercial vehicle accident, truckers are routinely asked to provide a blood test to ensure that they were not under the influence of alcohol or drugs at the time of the crash.

Motor carriers must also conduct random drug and alcohol testing to help ensure that the drivers on the road are not under the influence of such substances.

The trucking regulations are designed to balance the interests of the trucking industry with those of Highway safety. Trucking is vital to America’s future and is one of the growth industries for the next decade.

We applaud the new proposed rules, as the repository will make the hiring practice more transparent for the benefit of the motor carrier and also for community safety.

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https://www.fmcsa.dot.gov/regulations/rulemaking?ruleid=471

About Greg Baumgartner

Truck accident lawyer Greg Baumgartner
Greg Baumgartner is a preeminent rated personal injury lawyer based in Houston, Texas, with over three decades of experience representing severely injured clients in truck accidents. He founded Baumgartner Law Firm, in 1985, with a mission to provide excellent legal representation and personalized attention to every client.