A truck driver cannot use a controlled substance while reporting a duty or while on duty. Of course, there are some exceptions. One of the exceptions is that if a physician has prescribed a certain medication for the truck driver, then the physician also has to attest to the fact that the particular medication will not affect the truck driver’s performance. The trucking company can require the truck driver to provide any and all information relating to the use of any types of medications he or she is on, as well as any therapeutic therapies or any therapeutic drugs.
Of course, again, just to emphasize, a trucking company cannot allow a truck driver to perform what we call a safety-sensitive function for the trucking company if they are suspected to have used drugs or alcohol. It’s not only the suspicion by the trucking company but if in fact the trucker has used and tested positive for the use of either alcohol or drugs while performing a safety-sensitive function, that truck driver has to be taken off the road.
As trucking accident attorneys, we secure all prior information from prior employers on the trucker as to their prior use of either drugs or alcohol. If you suspect that your truck accident involved either the use of alcohol by the driver, or the use of illegal substances by the driver, please call my office at 770-792-1000 and we’ll get to the bottom of it.