DOT Compliance Notice Regarding Marijunana
Recently, some states passed initiatives to permit use of marijuana for so-called “recreational” purposes. We have had several inquiries about whether these state initiatives will have an impact upon the Department of Transportation’s longstanding regulation about the use of marijuana by safety‐sensitive transportation employees – pilots, school bus drivers, truck drivers, train engineers, subway operators, aircraft maintenance personnel, transit fire‐armed security personnel, ship captains, and pipeline emergency response personnel, among others.
We want to make it perfectly clear that the state initiatives will have no bearing on the Department of Transportation’s regulated drug testing program. The Department of Transportation’s Drug and Alcohol Testing Regulation – 49 CFR Part 40 – does not authorize the use of Schedule I drugs, including marijuana, for any reason. It remains unacceptable for any safety-sensitive employee subject to drug testing under the Department of Transportation’s drug testing regulations to use marijuana. We want to assure the traveling public that our transportation system is the safest it can possibly be.
Jim Swart – Office of the Secretary of Transportation (DOT)
What if I Fail or Refuse a Test?
What CDL Drivers Need to Know
You fail a drug or alcohol test by testing positive to a drug test, or registering a 0.04 or greater alcohol content. Either of these results requires you to be immediately removed from performing safety-sensitive functions (i.e., driving CMVs) until successful completion of the return-to-duty process with a DOT-qualified substance abuse professional.
Your refusal to submit to a drug or alcohol test is generally equivalent to testing positive to a drug or alcohol test. You must immediately be removed from performing safety-sensitive functions (i.e., driving CMVs) until successful completion of the return-to-duty process with a DOT-qualified substance abuse professional. The DOT regulations outline refusals to test for drugs and alcohol. Some refusals are determined by medical review officers (49 CFR Part 40 Subpart G) and alcohol technicians (49 CFR Part 40 Subpart N). For others, the determination is the employer’s responsibility. Refusals to submit to a drug or alcohol test are defined in §382.107. The employee handbook available on the ODAPC Web site provides examples of conduct that the regulations define as refusing a test (49 CFR Part 40 Subpart I and Subpart N) and what happens if you test positive, refuse a test, or violate FMCSA regulations. It is, therefore, critical to understand the specific circumstances that define a refusal, which can be found in §40.191, §40.261 and §382.107.
See more at: www.fmcsa.dot.gov
International Road2016 check
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International Roadcheck, in its 29th year in 2016, is the largest targeted enforcement program on commercial motor vehicles in the world, with nearly 17 trucks or buses inspected, on average, every minute across North America during a 72-hour period. Each year, approximately 10,000 CVSA-certified local, state, provincial and federal inspectors in every jurisdiction across North America perform the truck and bus inspections.International Roadcheck 2016 will take place June 7-9, 2016.
International Roadcheck is an annual three-day event when CVSA-certified inspectors conduct compliance, enforcement and educational initiatives targeted at various elements of motor carrier, vehicle, driver and cargo safety and security.
Since its inception in 1988, roadside inspections conducted during International Roadcheck have numbered more than 1.4 million. International Roadcheck also provides an opportunity to educate industry and the general public about the importance of safe commercial motor vehicle operations and the North American roadside inspection program.
The Commercial Vehicle Safety Alliance (CVSA) sponsors International Roadcheck with participation by the Federal Motor Carrier Safety Administration, Pipeline and Hazardous Materials Safety Administration, Canadian Council of Motor Transport Administrators, Transport Canada and the Secretariat of Communications and Transportation (Mexico).