According to FMCSA data reported in August 2022, nearly 90,000 commercial drivers are currently on prohibited status due to positive results on a drug screening test. Over half of those drug test failures were for marijuana. Amphetamine and methamphetamine violations accounted for 18%, while cocaine and opioids appeared in 15% and 4% of positive drug tests, respectively.
In 2021, an FMCSA study found that positive drug tests among truck drivers were up 13%. The report further found that about 87,500 drivers had at least one drug or alcohol violation, but only 17,500 drivers had returned to “not-prohibited from driving status” after passing return-to-duty tests. Changes by drug type were as follows:
- Marijuana – 21,438, up from 18,252
- Cocaine – 5,913, up from 5,233
- Methamphetamines – 3,526, up from 3,379
- All 14 drug panels – 39,785, up from 35,252
This leaves about 70,000 drivers in “prohibited driving status” after showing positive test results.
In response to this wave of drug use, the Federal Motor Carrier Safety Administration (FMCSA) has responded by closing some of the “loopholes” for drug testing and doubling their testing frequency for truck drivers. In an effort to improve safety for road users, the U.S. Department of Health and Human Services (HHS) released proposed federal guidelines in 2020 that would use hair samples (instead of urine samples) to test for drugs within the trucking industry. As pandemic restrictions, supply chain challenges, and labor shortages continue to affect the industry, establishing baseline safety regulations are key to ensuring safe roads for everyone.
Here are some commonly asked questions about drug testing in the trucking industry.
What drugs do truck drivers take to stay awake?
Many truckers are required to drive long hours to meet deadlines. While mandatory rest periods are stipulated and frequently enforced, some truck drivers may feel that they need stimulants to remain awake and alert at the wheel. This may include everything from truckstop supplements and energy drinks to cocaine, opioids, or marijuana.
Amphetamines like Adderall and Ritalin are among the most common medications taken by truckers. While these are typically prescribed to improve attention span and focus, many of these drug types can also cause erratic behavior. According to the FMCSA guidelines, a driver cannot take a controlled substance or prescription medication without a prescription from a licensed practitioner.
Other drug classes taken by truck drivers will slow reaction time, which can hamper the driver’s ability to respond to road issues, traffic, sudden braking, etc. This includes depressant drugs (like alcohol and benzodiazepines); opioid drugs derived from poppy seeds (like heroin and prescription drugs like oxycodone); and cannabis (THC).
How are truck drivers tested for drug use?
Most employers use a urinalysis test to determine if drugs are being used. Because urine tests can pick up on marijuana in the body for weeks or even months following abstinence from cannabis, however, the Department of Transportation has proposed the use of oral fluid testing as an alternative to urinalysis for truck drivers and others working in the transportation industry. Oral fluid tests can detect either THC or its metabolite (THC-COOH) within one to two days of exposure; this would allow regulators to better monitor drug use concurrent with recent driving shifts.
For all other drug types: the DOT drug and alcohol testing procedures are extensive and can be found in 49 CFR Part 40 Subpart E and Part 40 Subpart L, respectively.
How often do truck drivers get drug tested?
Before employment, an employer must receive a negative drug test result before permitting a CDL driver to operate a CMV. Similarly, after an accident, drug and alcohol tests may be required; the FMCSA offers guidance on accident testing.
The FMCSA further stipulates that truck drivers may be tested by their trucking companies:
- Randomly. All CDL drivers must be randomly tested throughout the year (§382.305). An employer who employs only themselves as a driver shall implement a random testing program of two or more covered employees in the random testing selection pool as a member of a consortium (see §382.305, interpretation 11).
- After reasonable suspicion of drug use. Any driver who appears to be under the influence of drugs or alcohol can be immediately tested (§382.307). Employers must train CDL driver supervisors to detect the symptoms of driver impairment (§382.603).
- Upon return-to-duty. Drug tests are required for all drivers who tested positive, refused, or otherwise violated the prohibitions of 49 CFR Part 382 Subpart B, as well as those who have completed the return-to-duty process with a DOT-qualified substance abuse professional.
- As a follow-up to a positive drug test. Subsequent drug tests are required for drivers who tested positive, refused, or otherwise violated the prohibitions of 49 CFR Part 382 Subpart B; and who have completed the return-to-duty process with a DOT-qualified substance abuse professional, and have tested negative for a return-to-duty test. This testing is prescribed by the substance abuse professional for a minimum of 6directly observed tests in 12 months but can be extended an additional four years (§382.311 and §40.307).
Is testing done at truck driver training schools?
According to the Truck Driver Institute, truck driving schools screen for marijuana, cocaine, opiates, amphetamines, methamphetamines, and PCP. In so doing, trucking schools make sure that their prospective drivers will not pose a danger to themselves or to others on the road. Drug testing ensures that the drivers operating large motor vehicles are alert, aware, and unimpaired.
How do I report a truck driver on drugs?
If you believe you have encountered a truck driver under the influence of drugs, contact the FMCSA at 1-888-DOT-SAFT (368-7238), or submit your complaint in writing through the FMCSA National Consumer Complaint Website.
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Drug use behind the wheel is no small matter. It poses a danger to other motorists and raises the risk of crashes. If you or a loved one have been involved in an accident with a truck driver who was using drugs or suspected of using drugs, you may want to seek the advice and help of a truck accident attorney. The Law Offices of Peter M. Anderson has years of experience in Federal and state truck accident law; call us for a free case review.