Truck Driver Drug Testing Regulations
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Do Commercial Trucking Companies Follow Guidelines and Regulations on Employee Drug Testing?
San Antonio 18 wheeler Accident Law Firm
In order to meet US Department of Transportation (“DOT”) regulations, trucking companies must administer frequent drug tests to a certain percentage of its employees. However, many of those companies are eager to skirt this responsibility at any chance they can get, knowing full well that they will fail to be found compliant with the law. Unfortunately, this inability to comply with drug testing policy can and will result in unfit truckers hitting the road, eventually injuring, disabling, and killing innocent motorists.
In the following lawsuit, launched either by a decedent’s family or the actual injured person, proving negligence will be a key attribute to establishing solid financial compensation. Evidence that the company did not administer its drug testing policy adequately will be a prime indicator of negligence. Therefore, we at Grossman Law Offices will discuss the drug testing regulations themselves, as well as how some trucking companies will attempt to cheat these regulations.
What are the Regulations for Company Drug Testing?
To keep the roads safe, as well as intoxicated drivers of of the highways, nearly all trucking companies are subject to federal drug testing regulations. Since it is not practical for an entire worker population to be screened for drugs, the FMCSA mandates that only a certain minimum percentage of a trucking company’s drivers go through the process each year. In 2012, the requirements were that 50% of all employees be screened for drugs via urine test. Additionally, 10% must undergo breathalyzer tests for alcohol usage on the job. Both tests must be administered to the worker population randomly; that is, of those tested, trucking companies and their employees may not pick and choose who participates in the process.
All drug testing compliance is overseen by the Federal Motor Carrier Safety Administration, or FMCSA, which is a subsidiary of the Department of Transportation. Furthermore, it is these administrative bodies that will enforce violations of testing policies.
How Can Trucking Companies “Cheat” Drug Tests?
Unfortunately, negligent trucking companies try to bypass drug and alcohol testing requirements as often as they can. Several of these organizations, knowing full well that they run the risk of failing a drug test, will try their hardest to manipulate either the practice or methodology of drug screening.
Regarding the first point, trucking companies could fail to execute numerous responsible practices. One of these is a loose or non-existent exercise of “random” testing, in which the company may cherry-pick the employees that are tested on a given day. This could be either through conveniently selecting a disproportionate number of individuals who have been compliant with drug policies throughout their whole careers, or suggesting that employees likely to fail should not show up to work on the day of the drug test. Usually the motivation behind such gross manipulation of testing procedure is a cost-benefit analysis; that is, the trucking company deems it as less expensive to run the risk of producing fraudulent drug testing results than it is to fail outright. If it came to light that the trucking company that you are suing in court ever participated in such grossly negligent activity, rest assured that we would hold their feet to the fire.
However, trucking companies are also unafraid to use favorable testing methodologies whenever they can. In recent times, motor carrier businesses such as Schneider National have substituted urine tests for hair samples, which have been found to more accurately identify drug use. Although not required, more accurate measures like hair tests are natural indicators that a trucking outfit is more willing to be compliant with the FMCSA’s regulations. Meanwhile, if a trucking company refuses to move into the future, relying on old methodology, there could be reason to believe that they use this specifically for to benefit from the favorable result.
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How Can our Law Offices Help you?
If a trucking company was brazen enough to cheat the Department of Transportation’s drug testing regulations, either through practice or methodology, chances are high that its agents will resort to equally underhanded means to defeat your 18-wheeler accident claim. They may try to lie, mislead, or fabricate at every turn, doing their best to see that you receive no compensation for the injurious or fatal accident.
This is why you need a strong advocate in the form of Grossman Law Offices. One of the reasons why we have been a mainstay in Texas personal injury litigation since 1990 is because we do not allow defendants to bully our clients in or out of court. We will work hard to advocate on your behalf, prove where a negligent trucking company skirted drug testing policies, and explain with clarity how this is indicative of considerably negligence.
Let us help you to the fullest extent of our ability. Just call our Law Offices at 1-800-256-7669 for a free, private consultation, and see why we are one of the best names in trucking accident lawsuits.