Overdrive Magazine | Trucking Business News & Owner Operator Info
Issue link: https://read.dmtmag.com/i/933951
14 | Overdrive | February 2018 Logbook A now-6-year-old lawsuit brought by five truckers challenging the efficacy of the U.S. Department of Transpor- tation's Pre-Employment Screening Program reports has been mostly dis- missed by a federal court. However, two drivers involved in the suit could be awarded damages for information contained with their PSP report, the court ruled. The drivers argued their PSP re- ports contained false information that could have been damaging to their job prospects. For all five drivers, citations had been issued, or crimi- nal charges had been filed, but the drivers fought the citations or charges in court and won. Nevertheless, vio- lations remained listed in the drivers' PSP reports. A carrier can opt to use PSP to screen a potential hire by submitting a consent form signed by the driver and paying a $10 fee. This release form informs potential employees they agree to allow the company access to the past five years of their crash data, the last three years of inspections and "serious safety viola- tions for an individual driver." The Owner-Operator Indepen- dent Drivers Association filed the lawsuit on behalf of truckers Fred Weaver, Klint Mowrer, Mark Moody, Brian Kelley and Robert Lohmeier. Most of the claims within the lawsuit about inaccuracies were dismissed by the D.C. Court of Appeals on Jan. 12. However, the three judges oversee- ing the case said drivers Weaver and Mowrer could have "standing to seek damages," and the court has sent the ruling back to a lower court. – James Jaillet and Jill Dunn The courts in recent years have sided consistently with DOT on cases regarding PSP information. Two drivers left in screening challenge Maine has enacted rules that forbid the state's employers from firing employees or refusing job applicants for testing positive for marijuana use. The laws, set to take effect in February, allow em- ployees to file discrim- ination-based lawsuits in such instances. While Maine's new laws highlight an example of the growing rift between federal and state laws on the issue and the questions swirling around legal cannabis and employee drug screening, the issue is clear for carriers and drivers, says Tim Doyle, vice president of the Maine Motor Transport Association: "You can't use marijuana and drive a commercial motor vehicle — period." Maine is one of eight states that has opened its doors to the emerging recreational marijuana industry, allowing storefronts to sell cannabis products and state residents to possess and use them. Some 29 other states have legalized mari- juana for medicinal use. Still, says Joe Rajko- vacz of the Western States Trucking Association, federal law requires drivers to pass a drug test, including screening negative for marijuana, to hold a CDL. "Federal drug testing laws trump what the states are doing," he says. "Drug and alcohol testing proce- dures, return-to-duty practices — this all comes from the federal govern- ment." – James Jaillet Pot still off limits for drivers State legalizations have created some confusion about truckers' right to smoke marijuana. LOVE'S TRAVEL STOPS plans to open 40 new stores with thousands of truck parking spaces in 2018 after adding 36 locations in 2017. Most of this year's new locations will offer automated showers and laun- dry facilities, and select Speedco facilities will add light mechanical services. The first of those new stores opened in Alma, Arkansas, on I-49. It offers 55 truck parking spac- es, a Love's Truck Tire Care center and Chester's Chicken and Subway restaurants. DAIMLER TRUCKS NORTH AMERICA recalled about 24,860 model-year 2002-17 Freightliner and Western Star tractors equipped with Kidde plastic-handle or push-button "Pin- dicator" fire extinguishers. Daimler also recalled about 3,000 model-year 2018 Freightliner and Western Star models equipped with brake caliper mounting bolts that are not torqued properly, which could cause brake failure.