Although federal regulations have mandated drug testing for truck drivers operating tractor-trailers for well over a decade, some rather major loopholes have allowed those who would otherwise be disqualified from driving on Mississippi highways to remain on the road. New proposed legislation called the Safe Roads Act may eliminate many of the loopholes that permit commercial drivers to avoid drug and alcohol testing requirements. Recent studies have shown that almost 70,000 commercial truck drivers currently operating tractor-trailers have tested positive for drugs. Despite the issue of liability, commercial trucking companies hire these potential unsafe drivers for a variety of reasons including:
- Many trucking companies fail to conduct adequate background checks that might reveal such tests.
- Those truck drivers that are independent contractors continue to drive despite positive drug tests.
- Commercial truck drivers do not disclose prior positive drug tests to potential or current employers.
- Self-employed drivers who are negligent do not voluntarily remove themselves from service.
The new legislation is aimed at keeping commercial truck drivers who have tested positive for drug use off the road by employing a more comprehensive reporting and enforcement system. The legislation contemplates the development of a comprehensive database that will compile information regarding drug test results including refusal to submit to such drug testing. The law would impose an affirmative duty on employers and medical review officers to report positive tests for alcohol and drugs to the national database.
Commercial carriers will be required to check the database as part of their background check during the hiring process for any commercial truck drivers. To ensure that employers obtain current data, tractor-trailer drivers will be required to provide tests at least every three years.
While drug and alcohol use by drivers of tractor-trailers is in decline, the problem still persists. Drug use by commercial truck drivers appears to have outpaced alcohol use as a potential danger to other motorists. A report by the Insurance Institute for Traffic Safety (IITS) of interstate commercial truck drivers found that 15 percent of all truck drivers tested positive for marijuana, 12 percent tested positive for non-prescription stimulants, 5 percent tested positive for prescription stimulants, 2 percent tested positive for cocaine and less than 1% had alcohol tested positive for alcohol. Alcohol use by truck drivers was once a very serious problem but is now only a factor in a relatively small percentage of trucking accidents.
Trucking companies that are lax about conducting background checks before hiring new truck drivers are directly responsible for many injuries and fatalities caused by commercial truck drivers that should not be on the roadways of Mississippi.
The Barrett Law Office represents those injured in commercial trucking accidents throughout Mississippi. We are committed to handling the legal and insurance issues related to serious Mississippi trucking accidents so that our clients can focus on healing. If you or your loved one has suffered injury or the loss of a loved one in a tractor-trailer accident, a Mississippi truck accident attorney is available today for a free initial consultation when you call us today at (662) 834-2376.