A truck driver killed two people and injured dozens in a fatal head-on crash with a school bus has been arrested and charged with criminally negligent homicide, as well as ordered to cease operations by the Federal Motor Carrier Safety Administration following a history of illegal substance abuse.
[R&A Comment: We believe this article should be considered clear evidence of the dangers of a lax attitude toward the use of marijuana. And, should be considered clear evidence that marijuana is definitely a gateway drug toward more serious drugs.]
On March 22, the truck driver was driving a large concrete pumping truck for his employer the on State Highway 21 in Bastrop County, Texas, when he crossed the center line and hit an oncoming school bus. The bus was transporting dozens of children ages 4-6 and adults who were returning to school from a field trip. He also struck another vehicle that was following the school bus.
A 5-year-old child was killed, the 33-year-old driver of the car behind the bus was killed, and dozens of passengers were injured.
Following an initial refusal to consent to controlled substance testing after the crash, a warrant to conduct controlled substance testing was issued. At that point he admitted to law enforcement that he had used marijuana the night before the crash, only got three hours of sleep, and used cocaine in the early morning hours the day of the crash.
Drivers with a commercial driver’s license are subject to a variety of prohibitions on use of controlled substances and must successfully complete a lengthy return-to-duty process following any positive drug test.
Prior to the crash, the truck driver had been prohibited from operating CMVs three times for drug use. At the time of the crash, he was prohibited from operating commercial motor vehicles based on an April 2023 positive drug test which revealed he had been using cocaine.
State Licensing Offices and the Drug and Alcohol Clearinghouse: What Fleets Need to Know About the New Rule
The truck driver was listed as “prohibited” in FMCSA’s Drug and Alcohol Clearinghouse. However, according to news reports, the owner of the company had not verified his status in the clearinghouse before hiring him. [Companies who employ FMCSA drivers are absolutely required to consult the clearinghouse BEFORE hiring a DOT covered truck driver.]
In 2021, FMCSA published a final rule designed to make sure commercial drivers who are prohibited from driving because of drug and alcohol program violations don’t get or keep their commercial driver’s license. The rule establishes requirements for state driver’s licensing agencies to use information through the federal Drug and Alcohol Clearinghouse.
Compliance with the rule is required by Nov. 18, 2024.
History of Failed Drug Tests
In September 2020, The truck driver refused a required reasonable suspicion-controlled substances test after having told his employer that he had recently used illegal drugs and would test positive. Afterward, he did seek treatment from a substance abuse professional.
But in December 2022, he tested positive for marijuana on a follow-up-controlled substances test ordered by the substance abuse professional.
Subsequently, he sought treatment from a substance abuse professional again.
In April, 2023, The truck driver tested positive for cocaine on a follow-up controlled substances test ordered by the substance abuse professional. He sought treatment after testing positive, according to FMCSA, but he failed to complete a required treatment plan.
James P. Randisi, President of Randisi & Associates, Inc., has been helping employers protect their clients, workforce and reputation through implementation of employment screening and drug testing programs since 1999. This post does not constitute legal advice. Randisi & Associates, Inc. is not a law firm. Always contact competent employment legal counsel. To learn more about the rights of employees who test positive for marijuana, Mr. Randisi can be contacted by phone at 410.494.0232 or Email: info@randisiandassociates.com or the website at randisiandassociates.com
