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Recent News & Policy Developments

Distracted Driving | 2010 Summit 07-29-2010
The National Highway Traffic Safety Admin (NHTSA) shows that in 2008, nearly 6,000 people died and more were injured in crashes involving a distracted driver.

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DOT Proposes Rule to Ban Texting for Truck and Bus Drivers 07-28-2010
The proposed rule would make permanent an interim ban announced in January 2010 that applied existing safety rules to the specific issue of texting.

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DOT Issues Final Rule Authorizing Reports to State CDL Authorities 07-06-2010
The Department of Transportation has published a Final rule adopting the Interim Final Rule authorizing employers to disclose to State commercial driver licensing (CDL) authorities the drug and alcohol violations of employees who hold CDLs and operate commercial motor vehicles (CMVs), when a State law requires such reporting. This rule also permits Medical Review Officers (MROs) and third party administrators (TPAs) to provide the same information to State CDL incensing authorities where State law requires the TPAs to do so for owner-operator CMV drivers with CDLs.

Since the employer is aware of the state in which the CDL was issued for each of its employees, it is incumbent on the employer to notify the MRO and/or TPA in the event that such disclosure of drug and alcohol violations must be made to the State.

Click here to see the State Laws Reporting Matrix

Reminder Notice 05-28-2010
Direct Observation In Effect For All DOT Return-to-Duty & Follow-Up Drug Testing…

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Increased Misuse Of Prescription Drugs in Military 03-09-2010

Study Shows Increased Misuse Of Prescription Drugs in Military for nearly two decades, illicit drug use among active-duty military personnel within the U.S. Department of Defense (DoD) fell dramatically, from 28 percent in 1980 to less than 3 percent in 1998.

 

But then the picture began to change.

 

While use rates for illicit drugs such as marijuana, cocaine, heroin, and methamphetamine among service men and women have remained encouragingly low, overall drug use in recent years has risen sharply.  This unsettling surge is driven not by an uptick in the use of “street” drugs, but almost exclusively by a steep rise in the misuse of prescription drugs, particularly pain relievers.

 

According to a new DoD survey, past-month non-medical use of prescription drugs among active-duty DoD personnel doubled from 2002 (2 percent) to 2005 (4 percent).  From 2005 to 2008, the rate almost tripled, soaring to 11 percent. Meanwhile, use of other, non-prescription illicit drugs has hovered around 2 percent since 2002.

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New DOT guidlines: Medical Marijuana 10-29-2009

Recently, the Department of Justice (DOJ) issued guidelines for Federal prosecutors in states that have enacted laws authorizing the use of  “medical marijuana.”  http://www.justice.gov/opa/documents/medical-marijuana.pdf

We have had several inquiries about whether the DOJ advice to Federal prosecutors regarding pursuing criminal cases 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 DOJ guidelines will have no bearing on the Department of Transportation’s regulated drug testing program.  We will not change our regulated drug testing program based upon these guidelines to Federal prosecutors.


FMCSA Strikes on Drugs, Alcohol 10-26-2009
The Federal Motor Carrier Safety Administration conducted its first national drug and alcohol strike force last month that removed 77 truck and bus drivers from the road.
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