Earlier this month, the Trucking Alliance released a study (“Study”) published with researchers at the University of Central Arkansas (“UCA”), warning that commercial truck drivers in this country are driving under the influence of drugs, especially cocaine, much more often than reflected in the drug test results compiled by the federal government’s Drug and Alcohol Clearinghouse (“Clearinghouse”). For more on the Clearinghouse’s goal of reducing the danger of impaired truckers on our roads, read our earlier discussions in: Fighting Against Fatal Truck Accidents and Deadly Truck Crashes: FMCSA Clearinghouse Registration Begins; and FMCSA Intensifies Efforts to Stop Drugged Driving by Truckers: Random Drug Testing of Commercial Truck Drivers Jumps to 50% in 2020.
According to the Study, there are two overwhelming concerns for safety agencies and advocates for semi-truck crash victims in this country: (1) truckers use cocaine much more often than marijuana (as earlier studies suggested); and (2) if hair follicle testing were used by the Clearinghouse, the Study predicts that almost TWICE the number of commercial truck drivers tested by the federal government would be disqualified for driving impaired.
The UCA-Trucking Alliance Distinction: Hair Follicle Testing
The UCA-Trucking Alliance Study distinguishes itself from Clearinghouse data through the use of hair follicle testing. While the Clearinghouse solely uses urine tests reported to its database to determine the presence of drugs, the UCA study took both urine and hair test results as submitted by the Trucking Alliance.
Testing hair instead of urine is not a new procedure, nor is it one that is not available to the Clearinghouse. As the Trucking Alliance points out, Congress has authorized hair testing for both pre-employment and random testing of commercial truck drivers since 2015. Thus far, there have been no federal guidelines issued for the use of hair testing of commercial truck drivers for drug use.
Explains UCA Professor of Logistics and Supply Chain Management Doug Voss, Ph.D.:
“Our research found that DOT is seriously under reporting the actual use of harder drugs by truck drivers, such as cocaine and illegal opioids. Our analysis clearly concludes that hair testing identifies these harder drugs at higher percentages than the single urine testing method relied on by the federal government.”
What is Hair Testing for Drug Use?
A person’s drug use for the past ninety (90) days can be determined through the testing of hair follicles. The test is painless: a snip of a few strands of hair is enough for lab results to be completed. Hair drug test results can reveal usage of several illegal drugs, including:
- Amphetamine
- Cocaine
- Ecstasy
- Marijuana
- Meth (Methamphetamine)
- Opioids (codeine, morphine, etc.).
Danger of Fatal Semi-Truck Accidents Caused by Drug-Impaired Truckers in Indiana and Illinois
The risk of a commercial truck driver causing a deadly semi-truck crash is unacceptably high across the country – but it is tremendously disturbing for everyone who uses the roadways of Indiana and Illinois. This is because commercial truck traffic is much higher here in our part of the country, where a large number of semi-trucks, big rigs, tractor-trailers, and 18-wheelers moves cargo and freight along our “Crossroads of America.”
For more on the dangers of drug-impaired truck drivers causing fatal accidents, read:
- New Federal Rule to Combat Impaired Truck Drivers By Forcing States to Pull Trucker’s CDL or CLP;
- Drug Use by Truckers Continues to Rise In 2021 According to FMCSA; and
- Fatal Truck Driver Crashes: Record-Breaking Trucker Fatalities According to New Studies.
Who is the Trucking Alliance?
The Trucking Alliance, also known as The Alliance for Driver Safety & Security, describes itself as a “nonpartisan coalition of freight and logistics companies, dedicated to improving the safety and security of their commercial truck drivers and motorists.” Its membership adheres to “practices and technologies that exceed minimum federal regulations” in an effort to make trucking safer for both truckers and those who share the roads with them. The primary goal of the Trucking Alliance is defined as the elimination of all large truck crash fatalities.
Drivers connected with the Trucking Alliance are tested independently of any federal standards. As a result, the Trucking Alliance points to the following as the key findings of the UCA Researchers, as published in the Study:
- Trucking Alliance drivers are less likely to use illegal drugs than the national truck driver population. They passed their urine drug tests 269% more frequently than drivers in the Clearinghouse.
- However, among Trucking Alliance drivers who were disqualified for failing their hair test, cocaine was identified 16.20% more frequently and opioids were identified 14.34% more frequently than the DAC urine test results.
- Researchers found statistical evidence that urine testing is effective at detecting marijuana, while hair testing detects marijuana, but also a higher percentage of harder drugs, like cocaine, heroin, and opioids.
- The severity of this issue is compounded by the finding that an additional 58,910 DAC drivers would likely have been disqualified in 2020, if the drivers had submitted to hair testing.
Warns Trucking Alliance Managing Director Lane Kidd:
“Federal law prohibits truck drivers from using illegal drugs, yet thousands are escaping detection. Drug impaired truck drivers are a critical public safety issue, but employing these drivers can be a considerable liability risk. Until hair is recognized as a single test method, employers should consider what Trucking Alliance carriers are doing and require driver applicants to pass the required urine test and also a hair test. Driving a tractor trailer while under the influence is a lethal combination and we must keep these drivers out of trucks until they complete rehabilitation and return to duty.”
OOIDA’s Response to Trucking Alliance Study
The Owner-Operator Independent Drivers Association has issued a public response to the Study, including its own analysis of the UCA research findings. The independent trucker’s group suggests that some carriers may invite employees who are more likely to use drugs, particularly cocaine, and that the real safety issue involves better highway safety policies.
From OOIDA President Todd Spencer:
“What the Trucking Alliance is claiming cannot possibly be extrapolated to the entire industry. They really should be taking a closer look at why their carriers are so attractive to potential employees that use illegal drugs. And, any shipper that uses those companies might also take note.”
Justice for Impaired Truck Driver Crash Victims in Indiana and Illinois
Of course, the reality remains that there are too many semi-truck accidents claiming lives today, and these fatal semi-truck crashes are caused by many reasons – including errors and mistakes made when the truck driver is not able to operate his machine in a reasonable and prudent manner because he is physically and mentally impaired by drugs.
Today, in Indiana and Illinois, we all face the danger of truckers driving our roads while impaired by marijuana, cocaine, meth, alcohol, or other substances, including prescription drugs or over-the-counter medications. Testing of these professional drivers to get impaired truckers off our roads (and get them help and support, as well) is important for everyone.
Sadly, until these realities change, there will be tragic accidents here where accident victims and their loved ones will have to rely upon the state laws of Indiana and Illinois to provide avenues for justice. These claims may be made by truckers, their rig’s occupants, other truck drivers, and drivers and passengers of smaller motor vehicles or motorcycles involved in the semi-truck crash.
Legal claims may be made for the victims and their loved ones based upon negligence, workers’ compensation, and wrongful death. Depending upon the circumstances of the crash itself, they may be legal claims to be advanced against third parties, as well, such as trucking companies, suppliers, and supervisors.
The logistics of testing employees before they get behind the wheel, including the scheduling of testing and the types of drug testing used, may demonstrate the employer’s legal liability in the event of a fatal crash. Employers have a duty of care to keep their impaired employees from driving motor vehicles while on the job.
For more on semi-truck crashes in Indiana or Illinois, read:
- Fatal Truck Driver Crashes: Record-Breaking Trucker Fatalities According to New Studies
- December 2021 Proclaimed National Impaired Driving Prevention Month
- Trucking Companies Liable for Semi-Truck Crashes in Indiana and Illinois
- Commercial Truck Crashes: FMCSA’s New Study Because of Rising Number of Fatal Semi-Truck Accidents
- Trial Tactics for Plaintiff Semi-Truck Accident Claims: a Practical Guide from Investigation to Trial.
The large number of semi-trucks, big rigs, 18-wheelers, and tractor-trailers on the roadways of Illinois and Indiana pose a tremendous danger to everyone on our roadways, and the likelihood of an impaired commercial truck driver only serves to increase the risk of harm we face. Please be careful out there!
