• Driving and working on and around a commercial motor vehicle requires an attention to detail, a clear mind, and the physical abilities to perform their job functions.

The safety of employees, their coworkers, and the general public relies on having a clear mind and the physical capabilities to perform their job functions. Unfortunately, some employees may use controlled substances on and/or off the job or consume alcohol shortly before reporting to work or while on the clock.

You may encounter the attitude of, “What I do on my own time is my business.” But any impairment of a driver, technician, yard jockey, or even a supervisor, is your business and reputation on the line.

Let’s examine the argument of “It’s on my free time.”

A highly regulated industry

Since the legalization of recreational marijuana in several states, you may encounter employees “recreating” in this way. Commercial drivers cannot use the defense that it is a legally obtained and consumed drug. Federal regulations “trump” state laws for highly regulated industries such as trucking. The U. S. Department of Transportation has posted two notices for all modes clearly stating that use of recreational or medical marijuana is strictly prohibited.

Consumption of alcohol, on the other hand, is permissible if consumed no sooner than four hours before coming on duty. However, someone who has been consuming large quantities of alcohol up to the four hours prior to reporting to duty may still be impaired and should not be allowed to drive. For example, suppose a driver was “partying” until to 2:00am and is quite inebriated. The driver is still under the influence when reporting to work at 6:00 a.m. The driver is unable to operate a commercial motor vehicle and the four hours is a moot point.

Other positions at the carrier

Employers, including motor carriers, may opt to have a non-DOT drug and alcohol testing program within the confines of state and federal laws, and even testing for marijuana in states where medical and recreational use are permissible. It may, within the confines of state laws, have a company policy with disciplinary action if the “legal” drug is in the employee’s system.

A word of caution on non-DOT alcohol testing: according to guidance published by the Equal Employment Opportunity Commission (EEOC), employers may not perform random alcohol tests under their independent authority. They must have probable cause in order to request an alcohol test (e.g., post-accident).

Slightly impaired

How long do drugs stay in the body? According to the Department of Labor’s “Drug-Free Workplace Advisor”:

• Alcohol — 1 oz. for 1.5 hours
• Amphetamines — 48 hours
• Barbiturates — 2-10 days
• Benzodiazepines — 2-3 weeks
• Cocaine — 2-10 days
• Heroin Metabolite — less than 1 day
• Morphine — 2-3 days
• LSD — 8 hours
• Marijuana — casual use, 3-4 days; chronic use, several weeks
• Methamphetamine — 2-3 days
• Methadone — 2-3 days
• Phencyclidine (PCP) — 1 week

Based on the above list, employees could in theory participate in activities hours or even days prior to punching in and still have traceable amounts in the their system.

While significant impairments are usually present for at least one to two hours following use of the drug, residual effects have been reported up to 24 hours after use. This means, for example, that an employee who smokes marijuana in the evening or during the weekend could still be suffering the effects of such use while at work the next day.

Communication with employees and supervisors

With so much confusion associated with recent state laws, employers need to train employees (regulated and non-regulated positions) on the regulations and company policies. They need to understand that “legal” does not necessarily mean acceptable for your work environment. Your company may have placed certain expectations on them and will enforce corrective actions as provided within the rights granted to it under state and federal employment laws.