The Cochran Firm Legal Blog

There is a vast number of federal regulations for the trucking industry. They relate to such things as the trucks themselves, the loads, drivers, trucking companies, hazardous materials, and licensing. They apply to Mexican and Canadian drivers when they are in the U.S., as well as to U.S. drivers.

Some of the regulations for truck drivers concern alcohol testing. Although all states now have a legal limit for blood alcohol of 0.08, trucking regulations are stricter, and require that no driver shall be on duty with a level of 0.04 or more. No driver is to use alcohol "while performing safety-sensitive functions", a broad term which could include almost anything a driver does while working. If any driver refuses to be tested, the employer cannot allow him to perform any safety-sensitive functions.

Before Being Hired

Before a trucker driver is hired he must be tested for controlled substance use and may not begin work until the test results are in the possession of the new employer and are negative. The company is not required to test for alcohol use, but may do so after it has made a offer of employment contingent on the alcohol test results, which must be lower than 0.04.

After an Accident

When a truck driver is involved in a truck accident he must be tested for alcohol and drug use if there was any injury or death from the accident or if he received a citation for any moving violation related to the accident. Even if there were no serious injuries but a vehicle has to be towed from the accident scene, the truck driver must be tested.

Random Testing

Every trucking company is required to randomly test at least ten percent of its drivers every year for alcohol use, and at least 50 percent for controlled substances use. The FMCSA (Federal Motor Carrier Safety Administration) may change these numbers any time, based on what it finds in the violation records of the whole trucking industry.

The above is a very brief summary of these particular regulations. There is a great deal more detail that specifies certain situations and conditions. But in spite of these regulations, drug and alcohol use continue to be leading causes of truck accidents nationwide.

If you have been injured in a truck accident and are wondering about your legal position, please call or email our truck accident attorneys today. We will be glad to schedule a free case review for you.