newsUpdates

June 2007

Questions & Answers

Question: We had a driver test positive on a DOT random drug test in 2004. He recently applied for a driver position but had not completed the SAP evaluation and RTD process. We instructed him to meet with a SAP (Substance Abuse Professional) and the SAP told him he did not have to complete the process since it was over 2 years and the employer is only suppose to go back 2 years. When I explained to him that was not correct he told me to show him where in the “Regulations” that was written?

Answer : In the DOT regulations 49 CFR Parts 382 and 40, Part 382.215 defines “actual knowledge”, and states “No employer having actual knowledge that a driver tests positive or has adulterated or substituted a test specimen for controlled substances shall permit the driver to perform or continue to perform safety-sensitive functions.” In 382.401(b)(1) (i-iv) Retention of records; a minimum of 5 years (for positive test results) and 40.285(a) as a employee, when you have violated DOT drug and alcohol regulations, you cannot again perform any DOT safety-sensitive duties for any employer until and unless you complete the SAP evaluation, referral and education/treatment process set forth in this subpart and in applicable DOT agency regulations. As you can see by my answers, the regulations are not always crystal-clear. It does require understanding and knowledge of the regulations and knowing where to look, many times the answer may be addressed in associated Guidance. If you have any issues or question that can’t be directly answered, we suggest that you call us, the DOT or CHP for clarification

What an unusual year!

This has been an unusual year, somewhat due to the drought in many areas. Typically as the weather improves around the state in May and June, work picks up for most everyone in the construction industry. While I’ve heard that construction work is generally down due to residential construction declines, fortunately I’ve seen an increase of dump trucks on the road here in Southern California lately.

We have also noticed a higher percentage of owner-operators and companies that have procrastinated this year concerning their drug program enrollment renewals than in past years.

C-DATA’s policy for existing clients is re-enrollments are due by January 1st of each year. What many clients do not realize that once they or their drivers have been out of a random drug and alcohol program more than 30 days (by January 30th) they are required to complete a pre-employment drug screen. Pre-employment testing has been a “hot topic” on the enforcement community’s list, especially in the last few years. We are also seeing a surprising amount of owner-operators that have retired or sold their truck and gone back to driving for another company and new companies that already went out of business.

Here at C-DATA, June is a very demanding month due to the number of industry scheduled events. C-DATA works diligently to remain involved within the commercial transportation industry by participating in various trade shows and conferences. Just this month alone we will have an exhibit booth at the Western Tow Show, The Truck Show Las Vegas and the California Highway Patrol Safety Summit, as well as attending the CDTOA/C-DATA Summer Board Meeting.

This takes a dedicated team effort from all of the C-DATA staff and many of the CDTOA staff, from the designing, submitting and printing of the marketing literature and advertising, scheduling, packing and re-packing the supplies, promotion items, the traveling and exhibiting by the staff attending the events and the staff left to “man the fort”. The point to all of this is to let our clients and association members know that they truly have an outstanding group of employees working at C-DATA. So, the next time you have the opportunity to speak to anyone of our C-DATA Team, let them know how much they are appreciated.

I will be looking forward to seeing everyone at the Board Meeting June 22nd – 24th in Rancho Mirage at which we will be nominating new Officers for CDTOA and Board Members for C-DATA. Here is your chance to become more involved in the decision making that shapes our organizations and industry.

Noted Decline in Amphetamine
Use among U.S Workers-

In recent study by of Quest Diagnostics, it was reported drug use hits new low among U.S workers in 2006. A continued decline in drug positives for the amphetamine class of drugs among safety-sensitive workers is believed to be driven by two factors: increased employer vigilance about the impact of the work liability and the cost of decreased productivity, and the possibility that those who abuse drugs may tend to avoid employment at companies that actually require drug testing.

More Marijuana Users Seek Rehab-

Over the past 2 years there has been significant increase in enrollment into drug rehabilitation programs for marijuana users. The most common reasons stated by the patients as to why they are seeking help were:

The History of Marijuana Usage

In the 1970s, the baby boom generation was coming of age, and its drug of choice was marijuana. By 1979, more than 60% of 12th graders had tried marijuana at least once in their lives. From this peak, the percentage of 12th graders who had ever used marijuana decreased for more than a decade, dropping to a low of 33% in 1992. However, in 1993, first-time marijuana use by 12th graders was on the upswing, reaching 50% by 1997. Although the percentage of 12th graders who have experience with marijuana has remained roughly level since then, there is still reason to be concerned. In 2002, an estimated 2.6 million Americans used marijuana for the first time. Roughly two-thirds of them were under age 18.

The marijuana being sold across the United States is stronger than ever, which could explain a growing number of medical emergencies that involve the drug, government according to government drug experts. Analysis of seized samples of marijuana and hashish showed that more of the cannabis on the market is of the strongest grade, the White House and national Institute for Drug Abuse said.

They cited data from the University of Mississippi’s Marijuana Potency Project showing the average levels of THC, the active ingredient in marijuana, in the products rose from 7% in 2003 to 8.5% in 2006. It has risen steadily from 3.5% in 1988.

Is Marijuana Use Addictive?

The use of marijuana can produce adverse physical, mental, emotional, and behavioral changes, and - contrary to popular belief - it can be addictive. Marijuana smoke, like cigarette smoke, can harm the lungs. The use of marijuana can impair short-term memory, verbal skills, and judgment and distort perception. It also may weaken the immune system and possibly increase a user’s likelihood of developing cancer. Finally, the increasing use of marijuana by very young teens may have a profoundly negative effect upon their development.

Long-term marijuana use can lead to addiction for some people; that is, they use the drug compulsively even though it often interferes with family, school, work, and recreational activities. According to the 2003 National Survey on Drug Use and Health (NSDUH), an estimated 21.6 million Americans aged 12 or older were classified with substance dependence or abuse (9.1% of the total population). Of the estimated 6.9 million Americans classified with dependence on or abuse of illicit drugs, 4.2 million were dependent on or abused marijuana. In 2002, 15% of people entering drug abuse treatment programs reported that marijuana was their primary drug of abuse.

Along with craving, withdrawal symptoms can make it hard for long-term marijuana smokers to stop using the drug. People trying to quit report irritability, difficulty sleeping, and anxiety. They also display increased aggression on psychological tests, peaking approximately 1 week after they last used the drug.

In addition to its addictive liability, research indicates that early exposure to marijuana can increase the likelihood of a lifetime of subsequent drug problems. A recent study of over 300 fraternal and identical twin pairs, who differed on whether or not they used marijuana before the age of 17, found that those who had used marijuana early had elevated rates of other drug use and drug problems later on, compared with their twins, who did not use marijuana before age 17. This study re-emphasizes the importance of primary prevention by showing that early drug initiation is associated with increased risk of later drug problems, and it provides more evidence for why preventing marijuana experimentation during adolescence could have an impact on preventing addiction.

Common Withdrawal Symptoms:

Strange Dreams – normally marijuana suppresses dreaming

Marijuana, Memory and the Hippocampus

Marijuana’s damage to short-term memory seems to occur because THC alters the way in which information is processed by the hippocampus, a brain area responsible for memory formation. Laboratory rats treated with THC displayed the same reduced ability to perform tasks requiring short-term memory as other rats showed after nerve cells in their hippocampus were destroyed. In addition, the THC-treated rats had the greatest difficulty with the tasks precisely during the time when the drug was interfering most with the normal functioning of cells in the hippocampus.

As people age, they normally lose neurons in the hippocampus, which decreases their ability to remember events. Chronic THC exposure may hasten the age-related loss of hippocampal neurons. In one series of studies, rats exposed to THC every day for 8 months (approximately 30 percent of their lifespan), when examined at 11 to 12 months of age, showed nerve cell loss equivalent to that of unexposed animals twice their age.

Health Consequences of Marijuana Abuse

Acute (present during intoxication)
Impairs short-term memory
Impairs attention, judgment, and other cognitive functions
Impairs coordination and balance
Increases heart rate

Persistent (lasting longer than intoxication, but may not be permanent)
Impairs memory and learning skills

Long-term (cumulative, potentially permanent effects of chronic abuse)
Can lead to addiction
Increases risk of chronic cough, bronchitis, and emphysema
Increases risk of cancer of the head, neck, and lungs

To learn more about marijuana and other drugs of abuse, contact the National Clearinghouse for Alcohol and Drug Information (NCADI) at 1-800-729-6686. Fact sheets, including InfoFacts, on the health effects of marijuana, other drugs of abuse, and other drug abuse topics are available on the NIDA Web site (www.drugabuse.gov), and can be ordered free of charge in English and Spanish from NCADI at ncadi.samhsa.go

 

Note that throughout this article, when I refer to the applicable federal regulations, I’m referring to CFR 49, Parts 40 & 382; these regulations can be found in Section 5 of the AADT Company Compliance Manual or in the AADT website at www.aadrugtesing.com under links at DOT Office of Drug and Alcohol Policy and Compliance at www.dot.gov/ost/dapc or Federal Motor Carrier Safety Administration at www.fmcsa.dot.gov.