WASHINGTON — A revamp of a controversial proposed rule setting standards for using hair to test truckers for drugs has been received by the White House Office of Management and Budget for review.
The rewrite was received Friday, according to OMB. Its Office of Information and Regulatory Affairs (OIRA), which is conducting the review, has up to 90 days to assess the guidelines being proposed by the U.S. Department of Health and Human Services.
An OIRA review “helps to promote adequate interagency review of draft proposed and final regulatory actions, so that such actions are coordinated with other agencies to avoid inconsistent, incompatible, or duplicative policies,” according to OIRA.
Robin Hutcheson, the Federal Motor Carrier Safety Administration chief, told attendees at the Truckload Carriers Association annual meeting last month to look for the proposed guidelines this summer.
HHS’ proposed hair-test guidelines, which if approved (following a public comment period) would be used as the basis for a proposed rule by FMCSA, are the second go-round on the proposal.
The agency’s first proposal, issued late in the Trump administration, was panned — but for different reasons — by big trucking companies as well as owner-operators and labor.
Companies already screening drivers using hair and that want uniformity and a level playing field complained that the initial proposal was not strict enough because it still allowed for other testing options.
Major truckload carriers J.B. Hunt [NASDAQ: JBHT] and Schneider National [NYSE: SNDR] would like to be able to rely solely on hair testing instead of being required to also test urine or saliva.
In comments filed on the first HHS proposal, they warned that requiring a second alternative specimen test to confirm a test if a driver tests positive using hair, as proposed in the initial guidelines, would make the roads less safe because studies have shown that the “drug detection window” on hair is longer.
Small-business truckers and labor unions opposing HHS’ first proposal said there are still privacy, cost and other concerns that outweigh introducing hair into federal workplace drug-testing requirements.
In addition, “just because a small percentage of trucking companies opt to screen their drivers using hair testing does not mean the process should be mandated for the entire industry,” wrote Todd Spencer, president and CEO of the Owner-Operator Independent Drivers Association, in 2020.
“Companies that must resort to extreme measures to compensate for excessive turnover rates may find hair testing appropriate; however, that does not mean their methods, which are not standardized, should be mandated.”
While HHS does not consider the proposed guidelines to be an “economically significant” rule — meaning one likely to have an annual effect on the economy of $100 million or more or would otherwise adversely affect the economy — the agency still considers it “significant” in that it should be reviewed by OIRA and/or is a priority for the agency.
Pat
Since I couldn’t give a sufficient amount of urine at a random drug screen I’m being labeled as a drug abuser.Since I’ve completed my SAP I’ve been told by 4 carriers that they could not hire me.I’m 62 years old been driving for over 20 years with a safe driving record and can’t get a job in truck driving.They are saying 3 years after a SAP I’m cleared to work them.I’ve never had a positive drug test in my entire life.The system isn’t fair.I would love to do a hair sample done to get it cleared off my clearinghouse,but other than that I’m looking at retirement 5 years earlier than I’ve wanted to.please if there is someone out to help me it would be greatly appreciated.So far I’ve been in contact with my local Congressman to get it cleared off my record.
Larry Baty
We need to start drug testing every employee paid on taxpayer dollars. From politicians to welfare recipients to school teachers
Ronald Broyles
The FMCSA has already told these groups the last time this was brought up that it would not be implemented. So these same groups sent the proposal to OMB. So what. The budge office has nothng to do with rulemaking. You would think they would just go away, instead of beating a dead horse. The only test thatvis going to be recognized is urine. You crybabies take your inaccurate testing proposal and go home already. How many times have you gotvto be told no.
Thanks
Ronald Broyles
Kenny1
Like someone already said. The big carriers are pushing for this because they do it and so that makes it unfair. Well quit doing that!! Seems those carriers are the ones mostly seen in mediums ditches and on YouTube videos tearing out a tree or bridge. Meanwhile the smaller carriers the just do urine testing. Thier drivers aren’t in ditches or medians or tearing trees or hitting bridges. Hmmmmm wonder why that is?
It’s so much Bs!!!
Dave
You do the hair crap testing, your gonna lose a huge chunk of drivers, If you do this to drivers, you need to do it to doctors, pilots, ems and everyone!!! Turnover going to be crazy!!
Jose Cisneros
Why are they just going after the truck drivers,we are already one of the most regulated industries there is. What about all of the other industries ,heavy machinery,shippers hiring fork lift drivers,railroad, military as far as that goes anybody holding a Federal jobs