Alcohol and Truck Drivers

 Truck drivers cannot have any alcohol in their system at all while driving a tractor trailer (semi truck). There is a zero-tolerance policy. This applies not only while driving, but also whenever the driver is "on duty". A driver is "on duty" whenever they are in physical control of their truck.

On-duty truck drivers must have zero blood alcohol, unlike other drivers (cars, motorcycles, vans, etc), who may have some alcohol in their system and still legally drive (limits vary). Blood alcohol rules for truck drivers are extremely strict. 

Alcohol and Substance Abuse Programs 

Motor carriers (the employers) must have alcohol and substance abuse programs in place not only for their drivers, but for any employees who do work related to safety (mechanics, inspectors, etc).

The Federal Motor Carrier Safety Administration (FMCSA) is the governing body for trucking companies and truck drivers. They mandate that each company must incorporate certain rules and procedures into their policy statement, education and training programs, drug and alcohol testing programs, and driver evaluations. Record-keeping procedures and reporting are also regulated by the FMCSA. Some exceptions to these regulations include some farm vehicles, certain military personnel, firefighters, and others. Obviously, this article cannot cover all the nuances and exceptions to these regulations. 

All drivers, regardless if they are full- or part-time, must be given educational materials that cover alcohol and substance abuse programs. Supervisors are also given extra training in how to spot physical, behavioural, and performance indicators of people who may be using drugs or alcohol, in order to know if a driver needs to be tested.

Testing

Carriers are responsible for establishing drug and  alcohol testing programs, including: pre-employment testing, reasonable suspicion, post-accident testing, random, return-to-duty, and follow-up testing. Records must be kept of driver testing.

Carriers who do not comply with these regulations could be subject to fines or even criminal penalties in some cases. As your attorney, we will investigate these types of things to see if the carrier has a history of non-compliance, or the driver has had previous drug or alcohol related incidents or positive tests.