Drug Testing Challenge
Last August Minnesota trucker Brian Paglusch was headed west around 11pm on I-94 near Menomonie, WI, when he struck another truck in the rear. Just prior to the crash Paglusch braked heavily and veered left trying to get into the left lane. He was unable to avoid the crash which resulted in his death.
Based on these facts it appears as if it’s a case of either following too closely or a drowsy trucker losing situational awareness. Yet in this case the other driver, Destry Wilson, was charged with causing the accident.
During the post accident investigation the state police said that Wilson smelled of marijuana and seemed disoriented. Under questioning he admitted that he had stopped at a rest area earlier in the evening and smoked some “spice”, a type of synthetic marijuana. He told investigators that he was moving at around 65 mph when his truck was struck. Witnesses, however, stated that he was stopped in the right lane without his flashers on. Wilson was arrested and charged with felony homicide by intoxicated use of a vehicle and homicide by negligent use of a vehicle.
Synthetic drugs are marketed as “legal” and carry such names as “spice” and “bath salts” and are often sold in retail outlets as “herbal incense” and “plant food,” respectively. They’re labeled “not for human consumption” to mask their intended purpose and avoid FDA regulatory oversight of the manufacturing process. But, make no mistake, the effects of these drugs is indistinguishable from the drug that they copy.
The real problem is that synthetic drugs are a moving target. When law enforcement or drug test procedures close in, the manufacturers simple reformulate to avoid legal problems. At the moment there doesn’t seem to be and end to this cycle.
What can a motor carrier do? Unfortunately there’s no easy answer, but one tactic would be to begin discussions with your drug test provider about tests available that go beyond the basic DOT 5-panel. Now may be the time to think seriously about hair testing. No, it won’t solve the synthetic issue, but anything you can do to limit liability exposure is beneficial. It’s also beneficial to closely follow developments in this area so that you can take advantage of new testing technologies.
Just as the synthetic drug manufacturers are constantly striving to stay one step ahead of detection, drug testing laboratories are working to neutralize that advantage. Let’s hope that they prevail.
How many trucks crossed the border in 2011 from Canada to the U.S.? Answer below.
Top Industry Issues
The American Transportation Research Institute (ATRI) released the results of a survey aimed at cataloging the top concerns facing motor carriers today. Not surprisingly, the effects that the CSA program will have on the industry is number one. The economy, previously number one, slipped to number three — still a top level concern. Also, there were two new items on this year’s list: Truck Parking and Driver Health/Wellness.
- CSA
- Hours-of-Service
- Economy
- Driver Shortage
- Fuel Supply/Prices
- EOBR Mandate
- Driver Retention
- Truck Parking
- Driver Health/Wellness
- Congestion & Infrastructure
Quick Check
Are your Driver Vehicle Inspection Reports (DVIRs) in compliance with Federal regulations? Here’s a quick check you can do to find out. Pull a roadside inspection report at random and take a look at the driver’s DVIR for that day. If there are defects noted on the roadside inspection but the DVIR is checked “no defects”, that’s something that won’t go over well if you’re ever audited. According to 49 CFR 396.11(b): “…the report shall list any defect or deficiency discovered by or reported to the driver…”. You also want to verify that there’s a record that documents that the defect(s) were corrected.
In 2011 5.5 million trucks crossed from Canada to the U.S.
Transportation Efficiency
Walmart is well known as a retailer that is dedicated to lowering transportation costs. Several years ago they decided to sell only flat screen televisions, not because they’re the latest technology but simply because you can fit more of them into a trailer thus lowering the per unit transportation cost.
Walmart Canada has unveiled a truck that has 40% more cargo capacity. The “supercube” design includes a 60 foot trailer and a long wheelbase cabover with a drom box for a total of 68 feet of cargo space. The unique custom built unit is awaiting final approval from the Ministry of Transportation for a one year trial in the province of Ontario.
“The proposal to allow the longer trailers is not something the trucking industry has been advocating for or promoting,” the Ontario Trucking Association said in a statement. “Therefore, the proposal does not enjoy the support of the trucking industry that previous changes to Ontario’s allowable truck configurations did.”
Here in the states the “supercube” concept wouldn’t be legal to operate. Although there’s no federal limit on trailer or combination length, the states have their own standards which generally limit trailer length to 53 feet while 11 states allow longer trailers. So, don’t expect to see one of these “supercubes” pulling into your local Walmart anytime soon.
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