WASHINGTON – A Pennsylvania truck driver who continued to operate a commercial motor vehicle (CMV) after the Federal Motor Carrier Safety Administration prohibited him from doing so — due to a positive test for marijuana usage — has been declared an imminent hazard to public safety by the agency.
Eric G. Burke was ordered by the FMCSA on May 13 to immediately cease operating any CMV in interstate commerce.
According to an FMCSA document, on May 18, 2020, Burke submitted to a pre-employment control substance test while seeking a job with Lentzcaping, Inc.
On May 29, 2020, the medical review officer notified him that he had tested positive for marijuana metabolites and that he was prohibited from operating CMVs.
Burke was also referred to a substance abuse professional (SAP) for evaluation, education and treatment, according to the FMCSA.
However, “Burke ignored the prohibition on his operation of CMVs and the requirement to undergo a SAP evaluation, and instead continued to drive in interstate commerce,” the FMCSA document stated.
On one of these trips, he was placed out-of-service for possession of alcohol while operating a CMV; on another trip, he was placed out-of-service for possession of marijuana after a single-vehicle CMV crash.
Burke is now listed as prohibited in FMCSA’s Drug and Alcohol Clearinghouse.
FMCSA’s imminent hazard order states that Burke “failed to exercise an appropriate duty of care to the motoring public while operating a CMV. Specifically, you ignored FMCSRs relating to alcohol and controlled substances use and possession, medical certification, and the safe operation of a CMV. These violations and blatant disregard for the safety of the motoring public demonstrated by these actions substantially increases the likelihood of serious injury or death to you and the motoring public if not discontinued immediately.”
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