It may be legal, but medical marijuana very much remains in a grey area, as companies, governments and insurers search for standards and testing procedures to accommodate those who use it.
“In Canada, there is still much debate around the issue of Drug and Alcohol testing as there is no statute or regulation directly addressing the issue,” says Angelique Magi, vice president of transportation and strategic initiatives with The Guarantee Company of North America. “There can be the establishment of a drug and alcohol testing program for companies that have ‘safety sensitive positions’ such as commercial vehicle operators. But it must be part of their organizational structure on a pre- employment basis.”
Magi says that insurers that focus on the transportation segment must look at key areas that can indicate a potential increase in exposure.
“These include but are not limited to loss experience, operational structure and regulatory adherence with regard to safety and compliance,” she told
Insurance Business, adding that those in the trucking industry who cross the American border need to be aware and compliant of U.S. law.
“Canadian trucking companies that have trucks that travel to the United States are subject to the U.S. Department of Transportation (US DOT) Regulations,” says Magi. “They are issued a US DOT number and are monitored for any violations.”
The U.S. Department of Transportation is very clear about any drug or alcohol usage while operating a commercial vehicle, Magi points out.
“It is an immediate suspension of the license of the U.S. driver and a violation for the transport company that is operating in that jurisdiction,” she says. “These violations are shown on the company’s SafeStat Carrier Profile that insurers review as part of their renewal.” (continued.)
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This should be an important consideration for commercial trucking firms, says Magi, and many have already moved to head off any potential conflicts.
“Many transportation companies that rely heavily on the cross border revenue generated by delivering goods to the United States have put such policies in place,” she says, “and continue to update them as changes to regulations are passed by the US DOT. They have made this an integrated portion to their Human Resources and Safety programs.”
For related stories, see: ‘
Medical marijuana gamble pays of for this broker’ and ‘
Medical marijuana and truckers: a minefield of liability’
