Trucking and marijuana testing find their way to the Supreme Court

Trucking issues don’t often make it in front of the nine justices of the U.S. Supreme Court. But on Tuesday they heard arguments in a case involving the complex legal questions surrounding truck drivers and marijuana use.

The case of Douglas Horn, a former driver with New York-based Enterprise Transportation Co., was before the court to determine whether harm he suffered as a result of his 2012 dismissal after failing a drug test – even though he did not use marijuana – qualifies for triple...

https://www.freightwaves.com/news/trucking-and-marijuana-testing-find-their-way-to-the-supreme-court

Supreme Court to hear case of truck driver who failed CBD-related drug test

When Douglas Horn drove a truck into a ditch in 2012, he could not have imagined it was the first step in a series of events that would eventually land him in front of the U.S. Supreme Court.

The wreck left Horn with shoulder and hip injuries and aggravated existing issues with his back. Seeking relief, he looked to a CBD product derived from hemp that was advertised as not containing THC, the active ingredient in marijuana. As a driver, he had to submit to regular drug testing. A positive THC...

https://www.freightwaves.com/news/supreme-court-to-hear-case-of-truck-driver-who-failed-cbd-related-drug-test

Truckers’ positive drug tests up 18% in 2022

The latest data from the Drug and Alcohol Clearinghouse reveals that drug use among commercial drivers may be at its highest level since the federal repository was set up in 2019 — but more are being cleared to drive again as well.

Total drug violations reported into the clearinghouse in 2022, including positive tests and refusals to take a drug test, increased 18% to 69,668 compared with last year’s 59,011, according to the most recent statistics released this week by the Federal Motor Carrier...

https://www.freightwaves.com/news/truckers-positive-drug-tests-up-18-in-2022

DOT proposes adding oral fluid testing for drugs, alcohol

On Feb. 28, the U.S. Department of Transportation (DOT) issued proposed rulemaking to add oral fluid testing as an alternative to urine testing for the federal DOT-regulated drug and alcohol testing program. If finalized, the greater flexibility will better position the trucking industry to curb cheating and improve safety among its drivers.

According to the U.S. Department of Health and Human Services (HHS), oral fluid testing provides the same scientific and forensic supportability as urine...

https://www.freightwaves.com/news/dot-proposes-adding-oral-fluid-testing-for-drugs-alcohol

Viewpoint: Clearinghouse queries come due

In late December, the Federal Motor Carrier Safety Administration (FMCSA) reminded employers that they must conduct an annual query of the Drug & Alcohol Clearinghouse for all of their commercial driver’s license-holding employees on a rolling 12-month basis. With the bulk of these annual queries coming due in December, the FMCSA’s outreach was a timely reminder that carriers needed to prioritize conducting these queries before the end of the year.

In the latest report on Clearinghouse data...

https://www.freightwaves.com/news/viewpoint-clearinghouse-queries-come-due

Drilling Deep: Every method of testing drivers for drugs has pros and cons

Testing for drug use in drivers rests now primarily on urinalysis. But it has drawbacks.

Others argue that hair testing is preferable. But it has drawbacks too. Saliva testing? Easy to do, but it isn’t perfect.

On this week’s Drilling Deep podcast, two academics who have studied the issue join host John Kingston to discuss recent research they’ve completed on the various methods now in use and under discussion for the future. Douglas Voss from the University of Central Arkansas and Ron Gordon...

https://www.freightwaves.com/news/drilling-deep-every-method-of-testing-drivers-for-drugs-has-pros-and-cons

Truckers warn federal regulators of drug-testing bottlenecks

A shortage of available drug and alcohol testing clinics, personnel and equipment threaten to unfairly ban truck drivers from the road, according to the Owner-Operator Independent Drivers Association.

In a letter sent to the Federal Motor Carrier Safety Administration on Wednesday, OOIDA President and CEO Todd Spencer said that disruptions affecting FMCSA’s testing system are causing “significant challenges” for drivers.

To remain compliant with federal drug and alcohol rules, drivers are...

https://www.freightwaves.com/news/truckers-warn-federal-regulators-of-drug-testing-bottlenecks