Driver took muscle relaxers just hours before fatal crash
May 27, 2010 by Fred HosierPosted in: Alcohol/drugs, Fatality, In this week's e-newsletter, Investigations, Latest News & Views, Transportation safety, What Would You Do?
PDF Do you require employees in safety-sensitive jobs to report whether they use certain prescription medications? You may want to pass this story along to them as a reminder why it’s so important that they comply with your company’s policy.
A city of Jeffersonville, IN, employee had taken two prescription pain medications just seven hours before the garbage packer he was driving was involved in a five-vehicle crash that killed a teenager.
Roger Crum Jr. was taking Lortab and Flexeril for lower back pain. At first he told investigators he took the meds only at night.
But later Crum admitted he took the pills between 4:30 and 5:00 a.m. on the morning of the crash. The pile-up happened at 11:30 a.m.
When Crum’s vehicle struck a small car, it killed its driver, 19-year-old Bethany Burrier. Three others were hospitalized. Crum was treated at the scene for minor injuries.
A city report notes the FDA says Lortab can cause light-headedness, dizziness and sedation and can impair thinking and physical abilities for driving. Flexeril also comes with a warning about driving.
Jeffersonville officials were apparently unaware that Crum took the drugs. The city has a policy that requires its drivers to report taking prescribed medications to their supervisors.
What’s your company’s policy on prescription meds and workers in safety-sensitive jobs? Let us know in the Comments Box below.
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May 27th, 2010 at 9:21 am
We ask all employees to let us know if they feel their ability to perform their jobs safely is affected by any prescription or OTC medication. We do not ask exactly what they are taking because that would be a violation of the HIPAA act. Some drugs are specific to certain ailments and by asking what they are taking, you could be asking them about their health which I’m told is a big no-no.
June 1st, 2010 at 6:36 am
They must notify thier MRO to see if they are medically qualified under the FMCSA guidlines….
Section 391.41(b)(12) states: A person is physically qualified to drive a CMV if that person does not use a controlled substance identified in 21 CFR 1308.11, Schedule I, an amphetamine, a narcotic, or any other habit-forming drug. Exception: A driver may use such a substance or drug, if the substance or drug is prescribed by a licensed medical practitioner who is familiar with the driver’s medical history and assigned duties; and has advised the driver that the prescribed substance or drug will not adversely affect the driver’s ability to safely operate a CMV. This exception does not apply to methadone.
Medical Examiners are required to give careful consideration to the effects of medications on a driver’s ability to operate a CMV safely before rendering the driver qualified
June 1st, 2010 at 8:35 am
We have a similar policy but like you said, you have to be careful what you are asking for since the HIPAA Act protects people that are taking theses medications. My problem with HIPPA is, if an employee is taking medications that plainly read Do Not Drive or Operate Machinery, then why are the doctors letting them come back to work. If employers knew that some employees were taking these meds, then the company can make a reasonable decision to protect the employee taking the meds and the employees that have to work with the medicated employee. Theses decisions can protect the employer from liabilities that may happen if this information goes unannounced.
June 1st, 2010 at 8:42 am
One has to wonder about the follow through with the doctor/pharmacist when something is prescribed. We all take prescription drugs at one time or another and we all see those booklets of cautions and all those tiny colored stickers on the bottles, but has anyone had a doctor really sit down and say “Now, before I give you this prescription, let’s talk about what type of work you do and how taking this medication could impact you and the work you do. Oh, that’s unacceptable, let’s look for an alternative…” Instead, we are left to thumb through and read those stickers and it seems like no big deal. It borders on that “it won’t happen to me mentality”, uneven if it is subconscience. While I agree that work place rules need to be followed (i.e. like informing a boss when you are taking a medication), the lay person may not fully understand the impacts of what they are taking and that knowledge needs to be provided by the doctor.
June 1st, 2010 at 8:49 am
My company’s policy is the similar Jason’s above. We ask all employees to report prescription or non-prescription drug use even if it’s not a safety issue, if their job performance may be affected. For example - the office worker whose allergy meds cause drowsiness. She may not be a danger to herself or others, but she may work more slowly than usual and her supervisor should know her behavior is just a side effect of the medication and not a disciplinary or motivational issue.
June 1st, 2010 at 9:52 am
Our driver’s are OTR and we have a weekly health check form that each driver is required to sign off on and submit each week with their paperwork. The short statement of the form indicates that they are phyiscally and mentally stable to perform the safety sensitive responsibilities of driving all week. We provide a section for them to indicate what medications that they may be taking, both OTC and script however if they are not comfortable to provide that information on a volunteer basis we do ask for their providers information so that we may correspond with them on the driver’s behalf. Our correspondance with the provider only asks if they are aware of the driver’s responsibilities (which we include) and to their knowledge of any of the medications that they are taking would impair the ability to driver and perform safety sensitive functions.
The biggest challenge of this weekly form is actually getting it from each driver consistantly each week.
June 1st, 2010 at 10:20 am
They also said that Crum had been taking the meds for a yr, at that point they are addicted and take more. on most cases. It is apparent that he was not able to do his job which in return killed a 19 yr old who was just getting started with her life. He needs to be punished for what he has done. plain and simple. That is just part of the problem, which in return he did not see the 3 construction signs, flagger, no seatbelt. I mean anything a driver with a CDL can do wrong he did. and possibly even on his cell. enough said.
June 9th, 2010 at 5:29 pm
We require all of our commercial drivers to report all prescription and over the counter medications that may alter their ability to perform their “safety sensitive” job functions. It is outlined very clearly in our DOT Drug and Alcohol policy. We need to focus on safety being a priority. Every quarter during our Driver Safety meeting we reiterate the need to report medications and we advise the drivers to inform their doctor of their job duties.