The latest attempt by Jim Johnston and OOIDA to throw a monkey wrench into the cogs of the Cross Border Pilot Program is another spurious and frivolous lawsuit filed against FMCSA concerning medical certification requirements for Mexican and Canadian truckers who operate in the United States.
That’s right, you read it correctly. OOIDA is giving lip service to the disparity of Canadian medical requirements in an attempt to appear fair and balanced. In reality, they’re only concerned about the Mexicans. They can’t offend their friends from north of the border can they.
The lawsuit, 12-1264, challenges Final Rule, National Registry of Certified Medical Examiners, published April 20, 2012, 77 Fed. Reg. 24104, Docket Number FMCSA-2008-0363, RIN 2126-AA97, by the Federal Motor Carrier Safety
Administration (“FMCSA”) and U.S. Department of Transportation (“DOT”). The rule has not even gone into effect as of the date of filing this lawsuit.
OOIDA’s asinine argument is that FMCSA has NO AUTHORITY TO EXEMPT MEXICAN DRIVERS FROM THE REQUIREMENT TO HAVE
A CURRENT AND VALID MEDICAL CERTIFICATE ISSUED BY AN INDIVIDUAL LISTED ON THE NATIONAL REGISTRY OF MEDICAL EXAMINERS. But wait minute here. I thought they were talking about Mexican AND Canadian drivers here.
They are using the same old inane argument they have in the past that assumes the United States has the right to demand equality of laws in the others sovereign country.
They erroneously state that Mexican medical standards and testing requirements are sub par to ours, which again is not the case. There is some differences, but in the end, Mexico’s standards are much stricter.
And the lawsuit goes on full of half truths and misinterpretations of the facts to again, portray the Mexican transportation industry as something out of the 19th century, while paying scant attention to the Canadians.
They claim that US drivers are held to a “Gold Standard”. I guess that’s a fancy word for nanny management while they Mexicans are given a free pass. Again, a blatant misstatement. Canada is rarely mentioned in the lawsuit, only enough times to try and convince the reader that Jim Johnston and OOIDA are equal opportunity bigots.
Like the lawsuit that oral arguments will be heard on December 6, 2012, this one has about the same chance of succeeding.
BUT WHAT ABOUT CANADA
We hear so often from OOIDA how Mexico needs to lower their safety standards to be equal to ours? But what about Canada? One of OOIDA complaints in all of their lawsuits and protests against individual entrants into the cross border pilot program is that drug testing in Mexico is not the same as in the US.
Ya’ll want to know something? Canada does not require pre employment drug testing of it’s drivers at all. The US does! Mexico does, but Canada gets a pass from OOIDA.
It’s against the law in Canada to impose drug testing on truckers.
The Canada Human Rights Commission says this about the subject.
Drivers denied employment opportunities or who face disciplinary or other
discriminatory employment consequences in Canada as a result of the imposition of the
U.S. rules have a right to file a complaint with the Canadian Human Rights Commission
on the ground of real or perceived disability.
Because they cannot be established as bona fide occupational requirements, the
following types of testing are not acceptable:
• Pre-employment drug testing
• Pre-employment alcohol testing
• Random drug testing
• Random alcohol testing of employees in non-safety-sensitive positions
Alcohol testing for safety sensitive positions are not covered under the rules.
So how about that readers. Canada has a far more lenient, policy towards drug testing than does the US or even Mexico, who requires it as part of the process for obtaining a Licencia Federal de Conductor.
One would think the bigot sitting on the gold throne in Grain Valley would realize that. Or maybe he does and hopes no one finds out.
Canadian Human Rights Commission Policy on Alcohol and Drug Testing
OOIDA’s latest frivolous lawsuit against Mexican Trucking – 12-1264