The U.S. Department of Transportation said truck drivers and other safety-sensitive employees will still be tested for marijuana use.
DOT made the announcement following President Trump’s executive order directing the U.S. Department of Justice to complete the rescheduling process of marijuana to a Schedule III drug from a Schedule I drug. Schedule III drugs are generally defined as drugs with a moderate-to-low potential for physical and psychological dependence.
Marijuana accounts for nearly 60% of all positive drug tests among drivers subject to DOT requirements.
Marijuana use by truck drivers, including medical use, is prohibited under federal regulations. DOT said that marijuana is still a Schedule I drug, and “until the rescheduling process is complete, the Department of Transportation’s drug testing process and regulations will not change.”
“While we do not hold a formal position on marijuana legalization or deregulation, we are concerned about the safety risks of rescheduling marijuana without explicit safeguards to preserve the testing authority and technical requirements that apply to DOT-regulated, safety-sensitive workers,” said Brenna Lyles, vice president of safety policy for the American Trucking Associations. [R&A Comment – We think employers who have employees driving on the public roads should have the same attitude toward making sure employees are not under the influence of drugs and/or alcohol. This blog post addresses the danger of employees under the influence.]
“Without clear measures to ensure DOT’s drug- and alcohol-testing program retains — and is equipped to execute — marijuana testing authority, such a federal policy shift could have serious consequences for highway safety and the integrity of the national transportation network.”
DOT said it would “continue to monitor the rescheduling process and update the transportation industry as appropriate.”
James P. Randisi, President of Randisi & Associates, Inc., has been helping employers protect their clients, workforce and reputation through implementation of employment screening and drug testing programs since 1999. This post does not constitute legal advice. Randisi & Associates, Inc. is not a law firm. Always contact competent employment legal counsel. To learn more about the rights of employees who test positive for marijuana, Mr. Randisi can be contacted by phone at 410.336.0287 or Email: info@randisiandassociates.com or the website at Randisiandassociates.com
