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Can Truck Drivers Use CBD? 4 Things to Know

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can truck drivers use cbd oil

Over the past few years, there’s been a surge in the popularity of medicinal marijuana-related products, specifically CBD. Truck drivers may be thinking of turning to CBD oils and lotions for relief from aches and pains that come from the job, but they should know all the facts before they do.  

The issue is that the legal waters surrounding the use of CBD are a bit murky. This is especially true for truck drivers as they need to not only think about the legality of it, but about drug screenings from employers and the new clearinghouse regulations as well. 

So, you’re probably wondering, “can truck drivers use CBD?” The answer depends on if you think it’s worth the risk. But before you make your decision, here are 4 things you need to know first.

1. CBD products aren’t regulated by the FDA yet

CBD (short for cannabidiol) is a compound found in cannabis plants like hemp and marijuana. There are over 113 such compounds in the cannabis plant, known as cannabinoids. The most well-known cannabinoids are CBD and THC (short for tetrahydrocannabinol).  

THC is the psychoactive agent in marijuana that is responsible for producing the sense of euphoria or high that people feel when using it. THC is also measured in drug tests and will lead to a positive result if detected. CBD on the other hand is a non-psychoactive compound—it won’t make you feel high, anxious, or bring redness to your eyes. 

CBD is being researched and used for a variety of different medical purposes, and is said to help relieve anxiety, muscle and joint pain, depression, migraines, and other ailments common to truck drivers.  

Despite these claims of health benefits, CBD products haven’t been regulated or approved by the Food and Drug Administration (FDA). As of right now, there is no consensus in the medical or regulatory community about the effects of CBD on the body, so it remains a gray area.

2. CBD may cause individuals to test positive on a drug screening

There are many CBD derived products that are available for use on the market. For example, CBD oil is made by extracting the compound from either hemp or marijuana plants. These products of course contain CBD, but other things as well, including trace amounts of THC. 

Most states require that commercial CBD-derived products contain less than 0.3% THC. That’s such a small amount that it’s not going to have any psychoactive effect on your body or get you high. The bad news is that even a trace amount like that could be detected on a drug test. 

Some CBD products claim to be “THC-free”, but it’s not clear whether this is actually the case since regulation on CBD products is so lax. In fact, many CBD products companies will state disclaimers like, “We cannot make any claims on whether or not any of our products will show up on a drug test. We are not legally able to make any recommendations or guarantees regarding drug tests on THC free or full spectrum products.” 

Basically, this means “buyer beware” if you have a job like trucking, where you’re regularly tested for THC.

3. State laws differ on CBD products

It’s important to remember that while marijuana and its derived products are becoming legalized in more and more states, it’s still illegal on the federal level. This means if you are drug tested using the federal drug testing panel and use CBD, it will be reported out as a positive drug test. The recent clearinghouse regulations mean that this test result data will be available to other employers in the trucking industry.  

4. Bottom line for truck drivers

So, what’s the bottom line for people wondering “can truck drivers use CBD?”  

While there’s a possibility that a truck driver could use CBD products for the rest of their trucking career and never have it show up on a drug test, it’s just not a risk worth taking. For whatever benefits CBD products are said to have, it’s not worth your career. 

CBD lotions may be a better option than CBD oil, but even these can’t guarantee no trace amounts of THC. For those truck drivers hoping for pain relief, they may want to look elsewhere. 

Of course, the situation surrounding CBD products is bound to change. Every year, more and more states choose to legalize marijuana (and CBD) outright, so it’s very possible that marijuana and marijuana products in all forms could be legalized federally within the next 10 years.  

But drivers should remember that it’s not just the legality they need to worry about. If you drive for a private carrier, they can still choose to test for it, regardless of if it’s legal or not. 

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What to Know About DOT Physicals

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DOT Physical

What is a DOT Physical?

A DOT Physical is a mandatory medical check-up for CDL drivers required by the FMCSA. The physical is to ensure that drivers are medically fit to operate a CMV. 

What Happens in a DOT Physical?

A DOT Physical is very similar to any other checkup with a few added steps. The medical examiner will take your vitals, go over your medical history and check your eyes, ears and lungs. The eye test will be used to make sure you have at least 20/40 vision in both eyes. If you wear them, be sure to bring your glasses or contacts for this portion of the physical.

The hearing portion is a “forced whisper test”, where the examiner will stand behind you and whisper a series of letters and numbers that you’ll need to repeat back to them. Just like with the vision test, you’ll be able to wear a hearing aid if you have one. They’ll also do a urinalysis to check for kidney disease, diabetes, and urinary tract infections. 

Who Can Administer a DOT Physical?

A DOT Physical can be administered by any registered medical examiner and is required every 24 months at a minimum. If a driver has a condition that the medical examiner feels needs to be monitored, they could require the driver to get a physical every 12 months or whatever timeframe they feel necessary. Conditions that a doctor would want to monitor could include high blood pressure or a sleep disorder. 

Can I Get a DOT Physical From my Primary Doctor?

Yes, if your doctor is a registered medical examiner. If not, there may be a nurse or physician’s assistant in your doctor’s office who can perform the physical.  

Should I Be Worried About Not Passing?

Many drivers worry about not passing their DOT physical, but if you’re generally in good health, the chances of that are very low. Even drivers who have pre-existing conditions like high blood sugar and diabetes can still drive, albeit with restrictions.  

If you suffer from anything that would make you a safety liability while on the road, this could possibly mean failing. Extremely high blood sugar, epilepsy, psychiatric disorders, and drug/alcohol abuse are the main reasons that drivers unfortunately fail their DOT Physical. 

What Happens if I Don’t Pass?

Drivers always have the option of going to a second examiner if they fail their first physical. But, be aware, since all medical examiners follow the same federally mandated guidelines, it’s unlikely that the outcome of the physical will change with a different doctor.  

How Do I Schedule One?

If you’re a company driver, your carrier will most likely have this information. You can always look into it yourself by searching for medical examiners registered with the FMCSA. If you have a CVS with a Minute Clinic inside, you can most likely get your physical done there as well.  

Does it Cost Money?

DOT Physicals do cost money. The cost can be anywhere between $50-300, depending on where you go. The good news is that most employers will pay the cost for their drivers, just make sure to talk to them about it beforehand. 

Do I Need to Bring Anything?

Your doctor will most likely have access to all your medical records electronically, but if not, or you’ve had an operation done in the past month, you’ll need to bring the records yourself. If you’re unsure of what exactly you’ll need to bring, the best bet is to give the clinic or office where you’ll be receiving the exam a call just to make sure. If you wear contacts, glasses, or use a hearing aid when driving, you’ll need to bring those as well. 

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4 Things To Know About the Hours Of Service Ruling

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2019 brought several proposed changes to Hours of Service Rules for truckers. Since then, those proposed HOS changes have been in a long review process with community input. Some of those same rules have already been modified under March’s Emergency Declaration to meet changing demands during COVID-19. Whether you love the changes or hate them, most of the updates from the end of last year are here to stay. 

The Final Rulings

There are four main changes that were added to the new HOS rules. Ultimately, the goal of each update is to improve safety and offer drivers more flexibility. On June 1, 2020, the final Hours of Service rule updates were released. The new HOS Ruling will officially take effect on September 29, 2020. Until then, the current HOS regulations from the Emergency Declaration will stay in place. 

“30-minute break” Flexibility

Before

The 30-minute break has been hotly debated among drivers since it was first issued. The FMCSA added the rule to improve safety, but it can force drivers to stop at inconvenient times. The old rules stated that drivers had to take a 30-minute break after 8 hours on duty. That time had to be logged as sleeper berth or off-duty. Many drivers don’t love the 30-minute break, but the new rules do bring some improvements.

Now

Under the updated Hours of Service Rule, drivers are required to take a 30-minute break after 8 hours of driving time. You can also now take your break as any combination of Off-Duty, Sleeper Berth, or On-Duty, Not Driving. It still has to be a continuous 30-minute break, but now there are more choices for how you can spend that time.

Split-Sleeper Berth

Before

We’ve voted this rule “Most Likely to Wish You Paid More Attention in Math Class.” The old version of the split-sleeper berth was pretty complicated. About Trucking does a good job explaining the details if you want the full picture. In a nutshell, drivers could split their sleeping time and were able to log driving time either before or after the break. Drivers then had to track how much time they had for the next shift and compare it to the 14-hour work shift clock. That might leave a driver with 5 hours of drive time available, but only 3 hours before hitting their maximum 14 hours. Ouch.

Now

Drivers can split their 10 off-duty hours into one period of 7+ hours in the sleeper berth and 2+ hours either off-duty or in the sleeper berth.

You can use that time for sleep or take advantage of the time to destress in other ways. Importantly, all breaks extend the 14-hour clock.

Whew. The mental math for hours just got easier. 

You may have seen the proposal for the “split-duty provision” aka the “14-hour pause” that was initially proposed. After hearing arguments on both sides, this update was ultimately not included in the final ruling due to safety concerns. 

Adverse Driving Conditions 

Before

Prior to the new Hours of Service rule, drivers were getting mixed messages about the policy for adverse driving conditions. Drivers could extend their drive time by up to 2 hours. That said, the 14-hour threshold was still a limiting factor. For example, even if your shipment got delayed due to unforeseen weather conditions and you were 30 minutes from delivering when you hit 14 hours, that’s where you had to stop. 

Now

Under the updated HOS rules, drivers can extend their drive time AND their 14-hour workday if needed. The extension can be no more than 2 hours but it gives drivers more flexibility in keeping their intended schedule. Even with the added time, pay close attention to road conditions and safety. If the weather gets really bad, make sure you know your rights as a driver.

Short Haul Exception

The Short Haul Exception applies only to CDL holders who run close to their home terminal AND do not run logbooks. If you don’t fit that description, this last update won’t affect you.

Before

The previous short haul rule stated that drivers who meet those criteria could drive a maximum of a 12-hour work shift and were limited to a radius of 100 miles from their terminal.

Now

The basic ideas behind the short haul exception have not changed. Instead, the time and radius maximums have been expanded. Drivers who meet the criteria of the short haul exception can now work 14 hours on-duty and with a radius of 150 miles. This rule won’t impact all drivers, but it may increase miles for anyone in this category.

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The Rules on Face Masks for Truck Drivers During COVID-19

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Cleaning supplies are hard to come by these days. Go to most grocery stores, and you’ll have a hard time finding disinfecting wipes, hand sanitizer, or protective face masks. For Americans staying home, that’s inconvenient, but soap, water, and some good old’ fashioned elbow grease will do the trick. For essential workers like truck drivers, going without these supplies is a significant health concern. Now, in some states, it’s also illegal. 

There is a lot of conflicting information being shared among the trucking community about face masks for truck drivers. When in doubt, the best thing you can do is to ask your company about their policies and what resources they offer. However, especially if you are driving OTR, it may be helpful to be familiar with the policies in multiple states. Here’s what you should know about face masks for truck drivers during COVID-19.

When to Wear a Face Mask

gas station

COVID-19 spreads most dramatically through person to person contact. Any time you are near other people, try to put 6 feet of distance between yourself and the other person. In any situation where it is difficult to maintain socially distancing practices, the Center for Disease Control (CDC) recommends wearing a face mask.

For most truck drivers, that means that your risk when you’re alone in your cab is low, but a mask may still be required. Whenever you make contact with others, a mask is a must. That includes pumping fuel, going into a truck stop or gas station, picking up food, and being at a shipper/receiver.

Geographies with Specific Rules

There are some situations where you are required by law to wear a face mask. International border crossings are one of those times. If you are traveling between the United States and Canada or between the United States and Mexico, you are required to wear a mask for border crossings and while in transit. If you do not show any symptoms, you will typically be able to continue your route. However, if you display any symptoms, you may be required to stay in quarantine for 14 days. 

Similarly, in many of the states in hard-hit regions, truck drivers are required to wear a non-medical face mask. The penalties for failing to wear protective face equipment range from large fines to imprisonment.

As of April 24, the states that legally require truckers to wear a face mask include Connecticut, New York, Maryland, New Jersey, Pennsylvania, and Rhode Island. In addition, several states have cities or regions that require a face mask. 

States with at least one region requiring a face mask include North Carolina, California, Texas, Florida, Hawaii, Michigan, Oklahoma, and Massachusetts.

As we understand more about COVID-19 and ways to reduce spread, mask regulations are becoming stricter. The list of states who legally require a face mask is likely to grow. To be confident that you are always within regulations, follow the CDC recommendation to wear a mask at all times when you are in public. 

Types of Face Masks

When face mask regulations are passed for truckers, you don’t need a medical-grade face mask. In fact, you’re expected not to. The best types of face masks are N95 respirators and surgical masks. Both of these types of masks are currently in short supply and are reserved for medical professionals. As a driver, you have a few other options that will help keep you safe and healthy. 

Bandanna or Similar Face Coverings

This is a great quick-fix option for drivers. A bandanna is easily folded and tied to cover your mouth and nose. It’s not medical quality, but it’s better than nothing and will slow the virus transmission. 

DIY Masks

You’ve probably already seen people wearing DIY face masks in everything from plain colors to crazy patterns. The beauty of a DIY version is that there are many effective ways to make one, and most people already have the materials needed. 

Cotton is the recommended material for face masks because it is a tight-knit fabric that reduces virus transmission. You can get cotton fabric squares, but an old t-shirt will also do the trick. The key to a good mask is multiple layers. The face mask should fit snugly but allow breathability. You can make a no-sew mask following this video from the U.S. Surgeon General, Dr. Jerome Adams. The CDC also has recommendations and instructions for a sewn version of the mask.

Get the most out of your face mask

When used correctly, a cloth face mask can help reduce the spread of COVID-19. In order to make sure you get the maximum benefit, wash your mask regularly. A washing machine is effective in sterilizing the fabric. Wash your hands before and after you put on or take off a mask, and avoid touching your eyes, nose, or mouth in the process.

The Bottom Line

The regulations for face mask requirements are changing rapidly. At a minimum, the CDC recommends that all Americans wear a mask in public. As a truck driver who travels between several locations, it’s best to be prepared. Keep a mask in your cab and plan to wear it when you go outside.

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Are Your Brakes Working? Inspectors Want to Check

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The Commercial Vehicle Safety Alliance will increase brakes inspections during Brake Safety Week.

Image via Pixabay

Brakes Safety Week is September 16-22, 2018. Enforcement personnel plan on doing everything in their power to ensure the safety and well-being of all highway travelers.

Overall, North American Standard Level 1 inspections assess everything from hydraulic fluid leaks and loose parts to defective rotor conditions. Also, vehicles that fall short of the minimum standards leave the road immediately.

In 2017, 14% of inspected trucks were put out of service. “Properly functioning brake systems remain crucial to safe CMV operation,” the Commercial Vehicle Safety Alliance wrote in a release. “Also, improperly installed or poorly maintained brake systems reduce braking efficiency. Therefore, this poses serious risk to public safety on our roadways.”

In addition, CVSA’s 2017 International Roadcheck inspections revealed the majority of violations involved brakes.

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Trump orders creation of teams to target regulations for removal

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trucking regulations

President Trump continued his quest of broad regulatory reform, targeting in an Executive Order regulations that stifle job creation, impose unnecessary costs or are simply outdated or ineffective. So writes Overdrive magazine in a news article:

Trump directed all federal agencies, including the Federal Motor Carrier Safety Administration, to establish a team. This team evaluates existing regulations and makes recommendations about regulations that need “repeal, replacement or modification.” In addition, the order refers to the teams as Regulatory Reform Task Forces. Nearly all federal agencies must form a task force, made up of senior agency officials and others.

Also, Trump ordered federal agencies to appoint a “Regulatory Reform Officer” within 60 days.

The officer would head each agency’s regulatory task force.

“Each RRO shall oversee the implementation of regulatory reform initiatives and policies to ensure that agencies effectively carry out regulatory reforms,” Trump’s order states.

The regulatory task forces established by the order seek input from state and local governments. Also, they seek input from businesses, consumers, and trade associations.

According to Overdrive, the American Trucking Associations supports a “judicious” approach “in eliminating or reversing regulations.” Furthermore, periodically review regulations to ensure their relevancy deems useful.

Read the rest of the story here. What do you think, drivers? Would you support a reduction in trucking regulations? Join our community here and share your views with us.

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With Republican Congress, Trucking Lobbyists Target Driver Time and Pay

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Trucking Lobbyists

Citing major settlements in recent years, trucking lobbyists say they plan to capitalize on new Republican control in Congress to pass an amendment that would prevent enforcement of state laws dictating truck drivers’ time and pay and shield carriers from such court orders. So writes CCJ magazine in an informative article on the issue and how it could impact those with CDL driver jobs.

Major proponents of the Denham Amendment include the American Trucking Associations and the Western States Trucking Association.

Both stated legislation to assert federal authority over break and pay laws for truckers serves as a top-level agenda item in the coming years.

“This serves as our No. 1 priority,” says Western States’ head of government affairs Joe Rajkovacz. “Prohibiting states from involving themselves in the compensation methods in which drivers are paid. Once litigation of one of the cases succeeds, the ‘me-too’ lawsuits focus on much smaller motor carriers downstream. It becomes legal blackmail against a small business: ‘Pay us or get sued and taken into court.’”

Opponents of the provision argue that the Denham Amendment wipes out efforts to reform driver pay.

Donna Smith, co-producer of the online radio show and website Truth About Trucking, says the driver pay/break provision would slam the door on hopes for driver pay reform. State-level action on the issue of driver pay and breaks, even with creating an often-deemed “patchwork” of varying regulations, is better than no action at all.

“If there’s going to be any law for driver wages, ideally it would be at a national level,” she said. “I think it would be more confusing to have state-by-state laws. But, before you look down that road, you put to rest the Denham language. It puts to rest any of the recent efforts that the truck driving community puts forth to increase their wages.”

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Truckers Who Drive Distracted Face Significant Penalties

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Everyone is generally aware that texting while driving isn’t a wise decision, but studies show even more shocking results. Truckers who drive distracted are over 23 times more likely to be involved in a critical accident.

The Trucking Truth blog recently shared that stat along with the new distracted driving regulations (and penalties) released by the Federal Motor Carrier Safety Administration.

As Brett Aquila writes, the FMCSA defines “distracted driving” very simply: no dialing, no texting, no reading, even no holding or reaching.

Use of any device (including dispatcher radios) must be hands-free. Penalties for truckers who drive distracted exist not only for the driver, but for the employer as well. Employers who know or allow a driver to use a device that requires hands receive a fine over $10,000. Drivers receive a fined for thousands, and disqualified for a time.

While the financial penalties are significant, hurting yourself or another person is much worse. So as hard as it can be to keep the phone down, it’s safe to say it’s an all-around better decision for everyone on the road.

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New ATA President Puts Trucking’s Foes on Notice

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Chris Spear

Chris Spear

In his first American Trucking Associations (ATA) Management Conference & Exhibition speech as president and CEO of the organization, Chris Spear put the trucking industry’s foes – including some lawmakers – on notice. Truck News captured Spear’s important speech:

“Trucking is already one of the most regulated and taxed industries in America,” Spear said. “In the eyes of some elected officials, we look like a money-filled piñata. I’m here to tell you that those days, those impressions of our industry – are over…If you want to throw the first proverbial punch, you need to knock us down. Because you will feel the one we throw back. ATA will fight your one-line sound bites and baseless rhetoric. We will publicly call out the hidden agendas of other industry groups.”

Spear said ATA fights to reduce the industry’s taxation, and he advocates for those with CDL trucking jobs.

“Shaving just five points off our corporate tax rate would allow you to make critical investments in your businesses and your employees,” he told the packed crowd. “That’s money to use to purchase new, more efficient equipment with safer technologies, increase driver pay and provide additional training to your employees.”

Spear also cautioned against reworking the North American Free Trade Agreement.

This serves as a big topic in the 2016 election.

“Any attempt to re-open or threaten this longstanding agreement could have dire repercussions on our industry,” Spear said, noting trucks carry 70% of surface freight between Canada, the U.S. and Mexico. “America relies on free trade and trucking is key.”

Also, Spear said the trucking industry must shape autonomous trucking regulations and remain united. To see his comments about that and how autonomous trucking could improve safety and reduce congestion, read the rest of the Truck News article here.

Sometimes, it’s good to speak your mind. Join the Drive My Way community here and get in on the conversation.

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FMCSA to Create Central Database of Drug Testing Results

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By the end of September, the FMCSA publishes a final rule to establish a central database featuring drug testing results from company drivers and owner-operators, writes LiveTrucking.com.

The database is called The Commercial Driver’s License Drug and Alcohol Clearinghouse, and it will keep record of CDL permit holders who have either failed or refused a drug test. Live Trucking explained how the rule will work:

The rule mandates that carriers and owner-operators must submit positive drug tests or test refusals to the FMCSA regularly.

Drivers must give written consent to be added to the database before submitting a drug test.

Blivetrucking.comut, a refusal to do so could result in losing driving privileges.

If a drug test is positive, drivers must complete a “return-to-duty” process, which includes evaluation and monitoring by a substance abuse specialist. After completing this, the positive drug test will remain in the database for three to five years. However, if a driver fails to complete the process, a failed drug test will remain in the database forever.

That’s right, forever.

On the bright side, truck drivers can appeal a positive drug test if a possible error exists. Then, the FMCSA reviews that decision within 60 days, Live Trucking writes.

Trucking companies must annually search the database. They check for driver traffic tickets or citations related to driving under the influence.

According to the FMCSA, the regulation costs the industry $186 million annually

But, it also results in $187 million of benefits. Trucking companies spend $28 million annually for the annual mandate. In addition, they spend another $10 million in pre-employment screenings. An estimated $101 million allocates to drivers, required to undergo the return-to-duty process.

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