Marijuana legalization is creating the same kind of problem regarding what to do about professional drivers who test positive for marijuana. For CDL drivers, it’s easy. It is prohibited for CDL drivers to use marijuana under any circumstances, even if the substance is legal in the state in which they reside. Even if a driver consumes a prohibited cannabis product in their off hours in a state where it is legal, if they test positive for it later, they may still be in violation of the Department of Transportation’s zero-tolerance policy at the federal level.

For non-CDL drivers, the employer testing is optional. However, if a driver with a CDL license tests positive for marijuana use, they are also prohibited from driving non-CDL vehicles until they pass the return-to-duty test: another drug test administered under direct supervision. Does that all sound confusing? That’s because it is.

Add to this already tangled web of marijuana laws and efforts to keep the roads safe from drivers under the influence the New Jersey Cannabis Regulatory Enforcement Assistance and Marketplace Modernization Act (NJCREAMMA), passed in February of 2021. Among other things, NJCREAMMA prohibits employers from taking adverse employment action against employees who test positive for cannabinoid metabolites in their blood or other bodily fluids.  In theory, this means that an employer cannot refuse to hire, fire, or discipline an employee who has been shown to have used cannabis. However, NJCREAMMA also upholds the right of employers to maintain a drug and alcohol-free workplace. Therefore, the regulation allows employers to make rules regarding the consumption, use, or influence of marijuana or marijuana products while at work.

At the time of the Act’s original issuance, employers could require employees to submit to a drug test under the following circumstances:

• Upon suspicion of impairment from cannabis/cannabinoid substances while performing work duties
• Upon finding any observable signs of marijuana/cannabinoid use at work
• Following a work-related accident

Under NJCREAMMA, the term “drug test” has been redefined to mean a process using reliable, scientific drug-testing methods administered at work, during work hours (blood, urine, saliva tests) AND an evaluation of person certified as a Workplace Impairment Recognition Expert (WIRE). If both the bodily fluid test and the WIRE evaluation show the employee is under the influence during work hours, the employer may then take adverse employment action. The problem? The state had yet to issue guidance or training protocols for the WIREs.

To that end, the state issued interim guidance in September of 2022 until WIREs can be identified and trained for each workplace. The interim guidance essentially upholds the previous legislation regarding prohibition of adverse employment action unless evidence-based documentation of physical signs of cannabis use or signs of impairment are present. This stop-gap guidance also provides suggestions to help identify signs of impairment due to marijuana use, according to SafetyNews Alert.

California has also recently passed similar legislation preventing adverse employment action against employees who test positive for cannabinoid metabolites. The New Jersey and California laws do not apply to those in certain industries (including CDL holders, as well as federal agency contractors and grantees) and cannot preempt any state or federal laws that require a clean drug test as a condition of employment. However, non-CDL drivers can theoretically use cannabis outside of working hours within these states.

Drug test manufacturers and concerned employers are looking for ways to test for actual impairment on the job, such as employee tests against their own baseline performance and tests for the presence of active THC, the compound that creates the high, in the blood. Until these testing methods have been established, employers must keep a watchful eye out for signs of employee impairment in non-CDL drivers in New Jersey and California.

Disclaimer: This document and any discussions set forth are for informational purposes only, and should not be construed as legal advice.

Ensure distraction-free driving

Backpack-laden children will soon be out in force walking to school buildings from homes and parked cars, or riding bikes, scooters, or skateboards. Unfortunately, children aren’t always the most safety conscious. That’s why it is up to drivers to be vigilant, avoiding distractions like phones, eating and drinking, or even attempting to use GPS while in motion. Pay extra attention when backing up as well, as you never know when a child might pop up unexpectedly behind you.

Beware of glare

Although most associate sunnier days with summer, it is actually in fall when the glare is at its worst, due to the sun’s position in the sky being lower during fall and winter months. The lower position of the sun hits the eyes of drivers at a more direct angle, sometimes completely obscuring a driver’s view of the road, other vehicles, and pedestrians. Unfortunately, peak glare time for the A.M. often corresponds to the times when schoolchildren might be walking or driving home from school. In order to increase visibility even when the glare gets severe, keep your windshield clean, remove any obstructions from your dashboard, and be sure to keep polarized sunglasses in your vehicle at all times.

Watch for school zones & bus stops

Although it is typically better to stick to highways and interstates to avoid back-to-school traffic, there will be times when taking backroads is unavoidable. Therefore, it is important to be aware of any school zones and bus stops you may encounter, especially when it may be less clear where schools are located when driving on backroads. When possible, avoid school zones altogether. If you can’t avoid them, give yourself extra time as the speed limit is at least 10 MPH slower.

Just being aware of these safety challenges can go a long way to improve the well-being of schoolchildren and drivers alike.

For those who make a living driving trucks, heatwaves can be problematic. According to a 2018 study published in Temperature, cars parked in the sun on a hot day can go from 85 degrees to 116 degrees in just an hour due to the way heat and humidity can become trapped inside an enclosed space. This means that just being inside of a vehicle without the air conditioning on can be a dangerous prospect, even with the windows open.

Of course, most truck drivers do much more in the course of their busy days that can cause harm to their bodies in extreme heat such as securing a load, inspecting the truck, or parking in a no-idle space without shade, not to mention manual labor tasks such as loading and unloading freight with a pallet jack, hand cart, etc. Due to the nature of the occupation, drivers may find themselves at a higher risk of heat-related health complications such as heat exhaustion or its more serious cousin, heatstroke.

How to recognize heatstroke

In the summer months, drivers should remain aware of symptoms of heatstroke so they can recognize the signs and seek immediate the medical attention required by this condition. Without treatment, heatstroke can lead to serious health complications and cause damage to your heart, brain, muscles, and kidneys, and can even lead to death. The damage increases over time without proper medical treatment, so do not delay seeking treatment if heatstroke is suspected.

The most common heatstroke symptoms include the following and can happen suddenly—within 10-15 minutes if body temperatures rise above 106 degrees.

• Throbbing headache
• Nausea and/or vomiting
• Racing heart rate
• High body temp (over 104 degrees F)
• Strange behavior such as disorientation or confusion
• Lack of sweating despite the heat
• Muscle weakness or cramps
• Rapid breathing

Preventing heatstroke

The best treatment for heatstroke is obviously to avoid it altogether. Here are a few ways to keep cool during high temps.

• Wear lightweight, light-colored clothing with a wide-brimmed hat if possible.
• Use a sunscreen with SPF 30 or higher
• Drink extra fluids. It is recommended to drink 6-8 glasses of water, fruit, or vegetable juice a day to stay hydrated. However, in extreme heat you should aim to drink 8oz of water every 20 minutes
• Avoid high-caffeine beverages such as coffee, soda, or energy drinks as these can worsen dehydration
• Choose a beverage with extra electrolytes such as Liquid IV or coconut water. These beverages not only keep you hydrated, but they also prevent a dangerous drop in electrolytes that contributes to health problems
• Take frequent breaks in a shaded or air-conditioned space

Extreme heat is the deadliest weather condition and should be taken seriously. Be aware that health conditions such as obesity, heart disease and diabetes, as well as certain medications can increase your risk of an extreme reaction to heat. Make sure to take proper precautions when working in high temps to keep yourself safe and healthy. If heatstroke is suspected, seek professional medical attention immediately so you can continue to enjoy all the other perks of summertime for many years to come.

Part of our safety-oriented culture at TDS is making sure our high safety standards are met, even when it can be difficult to find & retain the right qualified driver.

Since the trucking industry is still searching for ways to increase the availability of drivers, retention is truly the name of the game with fewer overall candidates. Safety is a major part of keeping the qualified drivers you want since the best drivers want a safe working environment with co-workers and supervisors who are equally safety aware.

Retention starts with recruiting

Good driver retention begins at the initial hiring process. Too often what the client wants and what the driver needs are not communicated effectively, which leads to high turnover. Miscommunication or ineffective vetting processes can also lead to lapses in safety if a driver is sent to a job where the physical or equipment requirements are beyond what they can handle. That’s why, when vetting driver candidates at TDS, we start by making sure we have the right person in the right role. For example, if the job requires heavy lifting or the use of specific equipment, we make sure the candidate has quality experience with those needs. We look at all their past employment history, so we have a record of all of their work experience. We make sure to clearly communicate the expectations of the client to the candidate before they are sent on the job.

Another important step to our process is a deep dive on the safety history of every driver we hire. We check their state DMV Motor Vehicle Record (MVR), along with PSP and DAC reports upon client request. These reports enable us to screen out any candidates that have a history of poor driving or other safety violations.

Retention doesn’t stop with the hire

One complaint we often hear from drivers recruited by companies or individuals other than TDS, is that after they are hired, the recruiters that seemed so interested in helping them find the right role suddenly disappear. At TDS, our relationship with our drivers is important to us, even after they are placed. Our team is in constant communication with our placements to ensure they are happy with the position. We check in with our drivers to make sure all safety standards are met by the customer. Our drivers know they are valuable assets, and our team treats them as such.

We offer referral bonus programs to all of our drivers to send other qualified candidates our way. The referral program is open even to drivers who have left TDS for whatever reason. Not only do we consider our drivers part of the TDS family but maintaining great relationships with former drivers is also a valuable recruitment source. A good referral from a qualified and safe driver means a lot more to us than data sent from a job posting site.

Recruiting and retaining drivers is a tough business these days, but if we maintain a focus based on safety and quality relationships with our drivers, it is a challenge we can certainly meet.

A Violence Epidemic

According to the National Safety Council, a leading non-profit safety advocate for the workplace and roadways, over 20,000 assault-related injuries and 392 deaths resulted from workplace violence in 2020. The National Institute for Occupational Safety and Health (NIOSH) reported in 2021 that violence is the second leading cause of death in the workplace, closely behind vehicle accidents, and according to the Bureau of Labor Statistics (BLS), homicide is the number one cause of death for women in the workplace.

These sobering statistics raise the question of what can organizations and employees do to stop workplace violence in its tracks before it becomes another troubling headline?

According to Eric Waidelich, Manager of Operations and Business Development at Rizikon, a risk management consulting firm, the number one step anyone can take to reduce workplace violence is to recognize the warning signs of escalating behavior and respond promptly with the appropriate de-escalation tactic.

What is Behavior Escalation?

Behavior escalation means that a person is showing a certain pattern of behavior that can get worse over time and follows a specific pattern. By responding with a de-escalation tactic, that pattern may be interrupted and hopefully, a resolution can be reached. Keep in mind that not every person will go through these stages in this exact order, and your response also should adjust accordingly. When confronted with a person showing these warning signs, be sure to assess your own physical safety before proceeding.

The 5 Signs of Behavior Escalation and How to Respond Source: Eric Waidelich and OSHA Academy

Stage One: Confusion

Warning signs:

● Bewildered or distracted appearance

● The subject seems unsure or uncertain of what to do next

● The subject may seem overwhelmed

Helpful Responses:

● Listen attentively. Don’t directly challenge.

● Ask clarifying questions to seek understanding (example, “What I’m hearing you say is ______”

● Give factual information

Stage Two: Frustration

Warning signs:

● Impatient and reactive behavior

● Resistant to information you are giving

● Appears defeated

● May try to bait you into an argument

Helpful Responses:

● Continue to listen and offer factual information

● If possible, relocate to a quiet location (try to have another person with you whenever possible and always an escape route in mind)

● Provide reassurance

● Make a sincere attempt to clarify concerns

Stage Three: Blame

Warning signs

● Subject places blame for problems on everyone else

● Critical of the actions of others

● Subject may accuse you or hold you responsible

*Here the subject may cross over into potentially hazardous behavior

Helpful Responses

● Disengage with the person and bring a second party into the discussion

● Use a teamwork approach

● Draw the person back to the facts

● Show respect and concern

● Focus on areas of agreement to help resolve the situation

Stage Four: Anger

Warning Signs

● The subject will show a significant change in body posture

● The subject may engage in aggressive behaviors like shouting, screaming, cursing, pointing fingers, pounding with fists, placing hands on head & closing eyes

*Anger behaviors are red flags that your safety may be at risk. Assess your physical safety before continuing to engage.

Helpful Responses

● Don’t argue with the person

● Maintain a safe physical distance and know your escape route

● Don’t offer solutions – rational discussion is over

● Ask the person to leave – be firm, but calm

Stage Five: Hostility

Warning Signs

● Physical action or threats seem about to happen

● There is immediate danger of physical harm or property damage

● Out-of-control behavior shows the subject has crossed the line

Helpful Responses

● Disengage and evacuate the area entirely or to a secure location

● Attempt to isolate the person if it can be done safely (put a barrier between them and you)

● Alert proper authorities and contact your supervisor

The statistics above paint a grim picture of the reality of workplace violence all around us, but awareness of the warning signs is a major step in the right direction. As you approach a person displaying the above warning signs, it is essential to project calm confidence rather than confrontation. Avoid criticizing or lecturing; rather, focus on the feelings, themes, and motivation revealed by the speaker. Fortunately, in the recent Oscars scandal, Chris Rock was able to quickly assess the problem and respond in a de-escalating manner. Sometimes being a hero requires only some empathy and a listening ear.

As a driver, you have been given a huge responsibility. Everyone is counting on you to get the goods to the proper destination quickly and safely. You take safety seriously, but even the most experienced drivers can sometimes get distracted. The number one distraction for drivers today? Our cell phones. Even in hand-free mode, multiple studies have shown that drivers could be missing up to half of the visual stimuli around them.

Here’s a disturbing statistic for you. According to the National Highway Transportation and Safety Administration (NHTSA), taking your eyes off the road for a single text while traveling 55 MPH is equal to driving with your eyes closed for the length of an entire football field. Imagine your family members and loved ones surrounded by people driving with their eyes closed at high speeds, perhaps even in a large commercial vehicle. Talk about a sobering reminder of the importance of staying focused while driving!

The NHTSA reported that 3,142 people were killed in distracted driving accidents in 2019, accounting for 8.7% of all crash fatalities that year. Because of the high risk involved, handheld devices have been banned for drivers of commercial vehicles since 2011.

To put it simply, multitasking, especially while driving, is a myth. The human mind simply cannot devote equal attention to multiple tasks at the same time. Any task that takes your mind off the road should be avoided if possible. Not only is distracted driving a major safety concern, it also carries hefty penalties, which include the following:

· Up to $2,750 in fines per offense for drivers

· Up to $11,000 in fines for employers who allow or require drivers to use handheld devices

· Possible driver disqualification for repeat offenders

· Negative impact on Safety Measurement System (SMS) results

What actions count as using devices illegally?

According to the Federal Motor Carrier Safety Administration (FMCSA), you may be fined for the following actions:

· Using at least one hand to hold a mobile phone to make a call

· Dialing a mobile phone by pressing more than a single button

· Reaching for a mobile phone in a manner that requires a driver to maneuver so that he or she is no longer in a seated driving position, restrained by a seat belt

Staying in touch while avoiding distracted driving

Now you understand why distracted driving is a problem. But how can you stay in touch for important messages or calls while still maintaining a safe focus on the road? Luckily, your mobile phone can actually help with some special setting features.

For Apple Users:

Set up the Driving Focus to silence or limit messages and other notifications. Just go to Settings, then Focus. Tap the + sign in the upper right-hand corner and select “Driving.” You can customize the Driving Focus feature to allow specific contacts or allow emergency notifications. Through Driving Focus, you can also automatically share with others that your notifications are silenced so your contacts know you are waiting to respond until you safely reach your destination, or choose an auto-reply to let contacts know you are unavailable. Driving Focus can be set up to turn on automatically for a “set it and forget it” option that always keeps your driving free of mobile phone distractions.

For Android Users:

For every phone with Android 9 or newer, users can set up Focus Mode. Go to Settings, then Digital Wellbeing. You can also search “Focus Mode” under Settings. From there, you are presented with a list of distracting apps. You can choose which ones to silence in Focus Mode and which ones to leave active. Focus Mode can also be added to the Quick Settings menu to more easily turn it on and off.

With just a few taps, you can do your part to keep the roads a safer place for all drivers. You can also spread the word about the dangers of distracted driving to other drivers, your friends, and family. As awareness increases, it is our hope at Trillium Driver Solutions that safety increases as well.

Some quick stats on the impact of workplace fatigue:

• Workplace accidents/injuries are 30% more likely to occur on night shifts than day shifts.
• Working 12 hour shifts? Your risk factor increases by 37% of accident or injury.
• Fatigue accounts for an estimated loss to employers of $136 billion in health related lost productivity.
• More than 70 million Americans suffer from a sleep disorder.

So what can we do to help ensure safety in the workplace?

• Increase headcount to lower the need for extended hours worked during a shift.
• Whenever possible, schedule employees on a regular and predictable schedule that can help build healthy sleep patterns.
• Evaluate the work environment for opportunities to increase alertness such as lighting, temperature and bright aesthetics.
• Offer regularly opportunities for employees to collaborate or work with others for interaction.
• Provide employees with education pieces on healthy sleep patterns and how to identify the symptoms of fatigue that may impact safety and performance.

Are you a stand out professional, technical professional, driver, or skilled worker seeking contingent, temporary, or long term career opportunities?  Visit our job board  for more information!  Want to learn more about how you can gain access to Trillium’s national network of professionals and skilled workers? Contact us today!

Trillium, a national leader in staffing and recruitment is a valued staffing partner to over 22,000 companies nationwide. Trillium is privately owned by Oskar René Poch.

The good news? While one of the most frequently reporting injuries, it’s also one of the most preventable type of accident or injury that occurs in the workplace. Here’s little insight into the most frequent causes as well as some tips for prevention:

Causes:

• Dirty, freshly waxed, wet, poor conditioned or transitioning walking surfaces
• Uneven or irregular surfaces
• Mounting or dismounting from equipment, vehicle, ladders or platforms
• Weather hazards
• Uncovered hoses, wires or cluttered walking surfaces
• Poor lighting conditions, improperly fitting safety equipment, poor hazard signage
• Fatigue, poor visibility, impairment due to drugs or alcohol, carelessness
• Carrying objects improperly, distracted employees, rushed employees

Prevention Tips:

• Good housekeeping and regular maintenance of surfaces and work environments
• Training on safe lifting, carrying and safe fall techniques
• Wearing proper footwear and PPE
• Maintain all equipment to prevent leaks, spills, and drips
• Install slip-resistant floors in high risk areas
• Make sure all loose hoses, wires or cords are properly secured and marked

Are you a stand out professional, technical professional, driver, or skilled worker seeking contingent, temporary, or long term career opportunities?  Visit our job board  for more information!  Want to learn more about how you can gain access to Trillium’s national network of professionals and skilled workers? Contact us today!

Trillium, a national leader in staffing and recruitment is a valued staffing partner to over 22,000 companies nationwide. Trillium is privately owned by Oskar René Poch.

Thankfully the most costly injuries aren’t typically the most common. Below are a few of the most expensive injuries per occurrence:

• Amputations
• Dislocations
• Electric Shock
• Crushes
• Traumas

While some of those injuries have an individual cost over $100k, even inflammation can cost an employer nearly $25k. The key to injury and illness prevention is regular risk assessments followed by implementing any necessary changes. For best results in addition to your risk and safety teams, include employees from each role in your assessments and planning. Those individuals who are exposed to the environment and job duties on a daily basis can give great insight into things that may be easily overlooked by others who aren’t performing the essential duties for extended periods of time.

Are you a stand out professional, technical professional, driver, or skilled worker seeking contingent, temporary, or long term career opportunities?  Visit our job board  for more information!  Want to learn more about how you can gain access to Trillium’s national network of professionals and skilled workers? Contact us today!

Trillium, a national leader in staffing and recruitment is a valued staffing partner to over 22,000 companies nationwide. Trillium is privately owned by Oskar René Poch.

The current Trillium Drivers that came to the meeting all received a high viability t-shirt, important safety reminders, safety kits with a safety vest, ice scraper, gloves, etc., and were able to ask questions as needed in regards to safety while on the job, providing an open forum for employees to engage with branch staff.

Safety is and always will be at the top of mind for all Trillium Employers across the country. From all of us at Trillium, thank you to the Indianapolis Drivers branch and your dedicated Drivers for continuing to put safety first on and off the job!

The Trillium brand of companies is privately owned by René Poch and provides more than 30 years of industry leading recruitment and staffing services through its divisions including: Trillium Staffing, Trillium Construction Services, Trillium Driver Solutions, Trillium Marine, Trillium Technical, Trillium Environmental, and Trillium Techs. With approximately 90 offices nationwide and nearly 400 internal recruitment professionals, the Trillium brand is proud to be recognized by Staffing Industry Analysts as a Top 25 Largest Industrial Staffing Firm in the U.S., a Top 100 Largest Staffing Firm in the U.S., a Top 100 Fastest Growing Staffing Firm in the U.S., and a 2015 winner of National Best and Brightest Companies to Work For. For more information please visit www.trilliumstaffing.com.