5-Minute Guide to Automotive Fleet Safety Management - New Marijuana Laws Have Resulted in More Highway Deaths.
The Problem:
A just released study published in the Journal of the American College of Surgeons reported that 42% of the drivers in fatal highway crashes in Ohio over the last 6-years had elevated levels of THC, the psychoactive compound in marijuana.
The Data Behind the Problem:
Only 28% of the drivers killed in highway crashes over the same time period in the state were legally impaired by alcohol.
Autopsy results determined that the average THC level was of 30.7 ng/ML, compared to the state’s legal limit of only 2 ng/ML.
The study came to the conclusion that these high elevated THC levels strongly indicated that the majority of the fatally injured drivers has smoked marijuana sometime close to the fatal,crash.
The THC in marijuana is known to cause slower driver reaction times, dulled coordination and distorted judgement.
The high THC dose levels that many of the deceased drivers had could have resulted in anxiety, panic attacks and even paranoia.
The longterm effects of marijuana use are known to include memory loss, learning difficulties, depression and even psychotic/schizophrenic behavior.
Drivers of Business Vehicles are Drawing the Wrong Conclusions:
Because of marijuana’s legalization in many states, drivers are making a mistaken assumption that its use is safer than alcohol.
Medical studies have shown that a person can remain impaired for up to 24-hours after using the drug, compared to around 12-hours after alcohol consumption.
Increasingly, there are more fatal crashes with drivers impaired by multiple substances such as marijuana and alcohol.
It would appear that many drivers underestimate how impaired by marijuana that they actually are because its consumption produces a sense of euphoria and reduced inhibitions.
The human drug use equation is quite simple as with each state that legalizes marijuana, the number of users increase.
Why Some Employers are Lax in Prohibiting Marijuana Use by Their Workers:
They are concerned that drug screening for marijuana would disqualify a large percentage of job applicants.
They have the same concerns about drug screening over their existing workforce.
By implementing drug testing protocols, some organization fear a backlash from employees and unions.
Some employers haven’t made a clear distinction with drug impairment with safety sensitive positions like driving motor vehicles, operating mobile equipment, and high injury risk manufacturing & construction jobs.
Some employers have shifted from an official “zero tolerance” policy to a more informal “probably fit for duty” approach.
There appears to be a general lack of understanding of employer responsibilities under the OSHA General Duty Clause, particularly with smaller employers.
Marijuana Use & the Law:
As of the publication of this article, 24-states and the District of Columbia have legalized recreational marijuana use.
In states when recreational marijuana use is legal, a vehicle driver can still be charged with driving under the influence of marijuana, if certain conditions are met.
In most states, marijuana DUI is treated exactly the same as alcohol DUI.
DOT strictly prohibits commercial drivers under the influence of marijuana from operating motor vehicles even in states where recreational marijuana use is legal.
OSHA will cite the employer under the General Duty Clause when its investigators determines that they did not take the necessary steps to insure employees in the workplace are not under the influence of alcohol and drugs, including marijuana.
In all states, employers are allowed to have a zero tolerate policy regarding alcohol, drug and marijuana use.
Common Marijuana Drug Screening Protocols:
Urine Testing - By far the most common testing method.
Blood Testing - The most accurate method.
Hair Follicle Testing - Has the longest detection period.
Saliva Testing - The most convenient & noninvasive method.
Top-10 Steps that Employers can Take to Reduce the Risk of Driver DUI:
Conduct pre-employment drug screening and refuse to hire workers who test positive.
Publish a company policy letter specifically prohibiting employee marijuana use before & while driving.
Conduct random drug testing of employees who operate motor vehicles.
Train managers & supervisors to recognize the symptoms of workers who maybe under the influence of marijuana for probable cause testing.
Present employees with training on the the harmful effects of marijuana use and the penalties associated with driving under the influence.
Conduct post accident drug testing, regardless of who maybe at fault.
Promote a “zero tolerance” work culture when it comes to drug & alcohol impaired employees.
Require drivers who test positive for drugs be evaluated by a Substance Abuse Specialist.
Monitor driver performance by using telemetric devices that monitor and record driver performance.
Stay complainant with DOT & OSHA regulations relating to impaired workers and drivers.
Key Takeaway Point:
The overall responsibility of keeping marijuana impaired employees off the road and out of safety sensitive positions falls directly on the employer.
About the Author:
Rob Brooks is the Loss Control Manager for Centurion Insurance Services in Charleston, West Virginia. He has over 40-years experience in his profession having worked for some of the leading insurance carriers and brokers. Rob has professional certifications in both human resource management (CHRS) and workers compensation (CWCP) from Michigan State University’s School of Human Resources & Labor Relations.
Disclaimer:
This publication is intended for general educational purposes only, and not to be considered as business, financial or legal advice.
Centurion Insurance Services and the writer makes no guarantees or warranties of any kind, express or implied, about the reliability, completeness or suitability of the information contained herein.
Readers should consult with appropriate professionals before making any decisions based on the content of this newsletter.
We will not be liable for any losses or damages arising from the use of the information provided.
