W EEKLY EDITION JULY 18, 2018
Marijuana: HR Policy Issues for the Portable Sanitation Industry
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The inconsistency
between federal
and state laws adds
up to headaches for
portable sanitation
companies and
others who hire
drivers. Any
company whose
drivers are subject
to Federal Motor
Carrier Safety
Administration
(FMCSA) oversight
is obligated to
follow its guidelines
regardless of state
or local law. Specifically :
[Graphic from the National Council of State Legislatures ]
Under the Federal Motor Carrier Safety Regulations (FMCSRs), a person is not physically qualified to
drive a [commercial motor vehicle] if he or she uses any Schedule I controlled substance such as
marijuana. (See 49 CFR §§ 391.11(b)(4) and 391.41(b)(12)). In addition to the physical qualification
requirements, the FMCSRs prohibit a driver from being in possession of or under the influence of any
Schedule I controlled substance, including marijuana, while on duty, and prohibit motor carriers from
permitting a driver to be on duty if he or she possesses, is under the influence of, or uses a Schedule I
controlled substance. (See 49 CFR §§ 392.2 and 392.4). Legalization of marijuana use by States and
other jurisdiction s also has not modified the application of U.S. Department of Transportation (DOT)
drug testing regulations in 49 CFR parts 40 and 382 . (Underlining added for emphasis)
Companies are between a rock and a hard place. The US is short about 51,000 truck drivers right now. That's
making it harder than ever for portable s anitation companies to hire and retain personnel for the crucial role of service
technician. Add the requirement that companies subject to FMCSRs only employ drivers who consistently avoid the use of
legal marijuana and staffing the business gets harder st ill. Speaking on condition of anonymity, one operator from a state
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