Inside Coverage Insurance Winter 2005
A publication of Great West Casualty Company
Copyright 2005, All Rights Reserved

Whose Law Prevails – State or Federal?

Several states have passed, or are considering, laws that legalize the use of marijuana for medical purposes. These new state laws concerning the “legal” use of a controlled (scheduled) drug have caused a significant amount of confusion for both individuals and employers.

What is a scheduled drug? What is “legal”? Which law prevails - state or federal? What can a Medical Review Officer (MRO) do when an individual tests positive for a Schedule I drug? What can an MRO do when an individual tests positive for a Schedule II drug?

What is a scheduled drug? Federal law states that, under the Controlled Substances Act, a Schedule I drug is one that “has no currently accepted medical use in treatment in the United States, and there is a lack of accepted safety for the use of the drug under medical supervision.” (The Schedule I drugs for
which DOT requires testing are marijuana, heroin, and PCP. Cocaine, amphetamines, methamphetamines, marinol, and many opiates are in Schedule II or other schedules.)

What is considered “legal”? A legal drug is one that, as a matter of federal law, is currently accepted for medical use in treatment and can form the basis of a legitimate medical explanation in a federally-mandated drug testing program. Moreover, the Controlled Substances Act authorizes physicians to prescribe only drugs in Schedules II-V. This means that a physician cannot, under federal law, legitimately
prescribe a Schedule I drug to a patient. Which law prevails - state or federal? Safety sensitive transportation workers who test positive under the federally required drug testing program may not, under any circumstance, use state law as a legitimate
medical explanation for the presence of prohibited drugs.

What can an MRO do when an individual tests positive for a Schedule I drug? Based on state law, if an employee documents that a physician prescribed or recommended marijuana or other Schedule I drugs, the MRO must determine that there is not a legitimate medical explanation for the presence of the drug.

What should employers do? Make sure that employees understand that federal law preempts state law when it comes to drug testing. They need to know that even though a state law allows (and a physician prescribes) marijuana for a medical condition, federal law does not accept that as an acceptable reason for a positive marijuana test. For further information, contact the US DOT Office of Drug and Alcohol Policy & Compliance or your regional Great West Safety Services Department.

Be Careful…Winter is Coming

Winter affects various parts of the country differently. No matter where your company is located, drivers should prepare for the diverse problems winter may bring. Whether it is rain, freezing rain, wind, or snow, drivers must be prepared for changing weather conditions.

Winter can cause many problems. From black ice to whiteouts, these conditions can cause senseless losses to happen. Proper pre-trip planning, preparation, and driving can result in successful completion of a trip. Here are some tips drivers can use to help reduce the risk of a crash in autumn and winter:

1. Plan trips accordingly. Check weather forecasts and possible road construction areas along your route, chart fuel and meal stop locations, allow extra time for traffic delays in major metropolitan areas, and try to balance distribution of cargo weight. If poor weather conditions reduce visibility, pull over in a safe place until visibility improves.

2. Make sure your equipment is winterized. Check antifreeze, inspect tire tread depth, and test the heater and defroster. Install tire chains (if required), carry extra warm clothing and boots, and pack nonperishable foods.

3. Use proper driving procedures when on the road. In adverse weather, drivers should decrease their speed to increase following distance. Drivers need to be aware of becoming overconfident if they have antilock brakes. If the brakes happen to lock, release them to avoid sliding. This will help to regain steering.

Trucking Industry Seeks Flexibility in
Passport Requirement

Nearly a year after President Bush signed the Intelligence Reform and Terrorism Prevention Act, the trucking industry is seeking flexibility in the Act’s regulatory implementation so that commercial drivers are not mandated to carry a passport, a trucking executive testified before Congress. The statute
includes language that allows for such flexibility.

Speaking on behalf of the American Trucking Associations before the U.S. House Committee on Small Business, Kenneth Staub Jr., Vice President of flatbed carrier Riverside Service Corp., said if commercial drivers were required to carry passports, the additional process and expense could dissuade commercial truck drivers from transporting international commerce between the United States and its two largest trading partners. Passports also would duplicate existing government-issued identification for commercial truck drivers and security documentation, he said.

“While trucking has worked with various government agencies on security for cross-border trade, it is important to recognize that security and trade facilitation go hand in hand,” said Staub, whose Buffalo-based truckload carrier firm along with sister company Black Rock Trucking Inc. deliver freight to
and from Canada.

The Intelligence Reform and Terrorism Prevention Act calls for the Secretary of Homeland Security and the Secretary of State to develop a plan to tighten document requirements for both U.S. citizens and foreign nationals entering the country.

The Western Hemisphere Travel Initiative permits U.S. citizens and non-immigrant aliens to enter the United States only with passports or alternative documentation, as outlined by the Secretary of Homeland Security to designate identity and
citizenship.

The trucking industry supports improving security at the border while facilitating trade. However, because commercial drivers already are subject to a variety of credentialing and security programs, the trucking industry is urging the government to consider certain existing federal credentials in lieu of passports. These include Border Crossing Cards, Free and Secure Trade (FAST) IDs, the Transportation Worker Identification Credential (TWIC), and other appropriate government issued identifications and screening programs.

According to the U.S. Bureau of Customs and Border Protection, 11.5 million trucks crossed the U.S. borders in 2003. U.S. trade with Canada is now valued at $444 billion and trade with Mexico is valued at $266 billion.

Source: American Trucking Associations

* All policy terms, conditions, definitions, and exclusions apply to this coverage. Please see your agent for exact provisions.