A group of big-name trucking companies is once again asking federal regulators to allow hair testing for drugs to determine if a person is fit to drive — and this time the government has agreed to consider their case.
The Trucking Alliance, with members that include J.B. Hunt Transport (NASDAQ: JBHT), U.S. Xpress (NYSE: USX) and Knight-Swift Transportation (NYSE: KNX), is seeking an exemption that would for the first time allow positive results using hair to test for drugs — taken from random testing and pre-employment screening of drivers — to be uploaded into the FMCSA Drug and Alcohol Clearinghouse.
Specifically, the exemption would “amend the definition of actual knowledge to include the employer’s knowledge of a driver’s positive hair test, which would require such results be reported to the FMCSA Drug and Alcohol Clearinghouse and to inquiring carriers as required to comply” with federal regulations, according to the Trucking Alliance’s request submitted in April.
Trucking Alliance carriers have long contended that hair testing is significantly more accurate in determining whether a person is a habitual drug user versus urine testing.
“My clients have knowledge of hundreds of thousands of positive drug tests that they’re not able to share under the current system, and those drivers are all out on the road right now,” Rob Moseley, an attorney representing the group, told FreightWaves. “This exemption would give motor carriers making inquiries into the clearinghouse the opportunity to have full knowledge of habitual drug users during the hiring process.”
A recent Trucking Alliance-backed study found FMCSA’s clearinghouse may be significantly underreporting the use of harder drugs by truck drivers, such as cocaine and illegal opioids, due to the exclusion of hair testing in the database.
In a request for comments expected to be published Wednesday, the FMCSA has agreed to consider the Trucking Alliance’s exemption application — a move that seems contrary to the agency’s response to a more extensive but similar appeal made by the group in 2020.
In August of that year, the Trucking Alliance asked FMCSA, in addition to the group’s current exemption request, for an extra exemption allowing hair drug test results in lieu of 50% of the required random testing, which currently require carriers to use urine testing.
Citing jurisdiction over drug policy matters by the U.S. Department of Health and Human Services (HHS), FMCSA responded in May 2021 that because it lacked statutory authority to act on the application, the agency was unable to process it in accordance with federal requirements relating to official notice and comment.
Further, publishing the group’s request for official notice and comment given its lack of jurisdiction “would be misleading to the agency’s stakeholders and other interested parties,” FMCSA stated last year.
Policy change at FMCSA?
FMCSA’s stance has apparently changed, however, as it plans to go forward Wednesday with a notice and comment period, even though it again notes a lack of authority.
“Although FMCSA lacks the statutory authority to grant the Trucking Alliance’s request for exemption until [HHS] has taken certain action, FMCSA requests public comment on the exemption application, as required by statute,” the agency stated in the current comment request.
FMCSA did not immediately respond for comment on why it is publishing a notice and comment period this time around and what the effect of doing so could have on stakeholders.
A trucking regulations expert sees the agency’s apparent change in how it responds to exemption requests as a welcome trend.
“My experience in the past was that FMCSA would sometimes respond to exemption requests explaining why it had been denied and not released for public comment, like in the case where it didn’t have statutory authority to grant a request,” P. Sean Garney, co-director at Scopelitis Transportation Consulting, told FreightWaves.
“But putting these requests out in the public square, where it can be discussed and debated, generates important conversations in the industry, and while many of these exemptions may never be granted, they may seed important conversations that could lead to good public policy at the end of the day.”
HHS’s Drug Testing Advisory Board (DTAB) is revising proposed mandatory guidelines for drug testing using hair, released in September 2020, based on public comments and a review of current scientific literature cited in them. DTAB plans to discuss the revisions during a closed meeting in September. Once complete, the final draft of the guidelines must be cleared by HHS and then reviewed by the Office of Management and Budget.
Dennis Priest
I fully agree that the hair drug test should be 100 percent reportable. I have never had an issue with random testing. If you can’t drive without being impared by drugs or alcohol find a different career field.
Charles Jewell
I’m all for it would like to see this happen on prehire also save alot of time almost all the drug users know how to get a clean result but not with hair samples please consider passing this law
Rome
Good luck on that one . If they think it’s a shortage of drivers now it definitely will be . What if they do the test wrong I was in oreintation once and the person doing the hair samples cut this guy’s hair from the ends instead of the roots making him fail a drug test which he once had a prescription for.
Bart
Companies can’t find enough drivers now. Instead of screwing up the supply chain even more than it is, I think you idiots should leave well enough alone. I think the people at the FMCSA need to be tested for drugs and alcohol. Pretty soon there won’t be any drivers because of all the ridiculous regulations. Then what? I also think that a prerequisite for being a member of the FMCSA should include logging at least one million safe miles in an OTR combination vehicle to be considered for the position. You people are nothing more than useless suits with very little experience operating big rigs over the road. Try turning your attention to passenger vehicles driving 20-25 mph over the speed limit.
William Horton
FMCSA the know all see all control all agency that runs the trucking industry doesn’t know everything. Today is my 66 th birthday and I have never touched illegal drugs of any kind and yet I failed a random urine drug test. That test cost me my CDLand the ability to earn a living. Just try and get someone from the drug clearing house on the phone. I have been trying for three weeks. The old saying we’re from the govt and we’re here to help has never been more a joke. When three of the largest trucking companies line up to get hair admitted for testing it will probably happen. It couldn’t hurt or help any more than the screw up that I am going thru right now
Richard Vann
I agree with all testing against all drugs. No one needs to be behind the wheel while under influence. No.2 they need to test reading and writing and speaking skills. No.3 get rid of the automatic transmissions.
Ted
I will gladly provide a hair sample from the grand canyon sufficiently soiled from the latest mudslide.
Patsy miller
I think this is long overdue, I do not to be on the Road with someone who is on drugs, I am A Retired Driver, never did drugs I did my job never late slept every night, thank you for keeping our roads safe
Steve hansraj
You are naive or unintelligent
Hair testing goes back 20 years or more depending on the length of the sample
This is to take you off the road
So it frees up more freight for the big companies
James
Only thing if class A driver got to do it dam class c should also.
Michael Senn
A lot of the cars that you’re driving by, the people are high or drunk.
Dave Jackson
This is what the ATA is saying to folks who want to come into the industry: You can drink all the booze you want, and take as many pills as the doctor can cram down your throat, and eat all the junk food your body can stand, but how dare you go home on the weekend smoke a joint and watch some South Park to relax. Would somebody at US xpress explain to me why their Variant division has 150% turnover? Please explain it to me like I’m a kindergartener. They need to fix their own houses before inflicting more damage on the trucking industry than they already have done (elogs anyone?) I am so glad I got out of this industry after 15 years and 1.5 million safe miles. I’ve lost 60 lb not even trying, BP is down, stress is way reduced. The ATA doesnt care about drivers, only the bottom line of their member companies. I would NEVER EVER recommend anyone go into trucking with the current state the industry is in.
Jimmy pedigo
If trucks have to do that everybody should be made do people who drive cars even police officers should have to do it don’t tell well your driving an 80000 thousand pound vehicle people who drive cars can cause a truck to crash and there doing drugs and not being tested what you need to do do is find a test for the hear and now test not for something they did months ago it’s stupid if you ask me
James
He is exactly on spot. If I can’t do it while holding a cdl why should your next door neighbor be able to do it with a class c license. There are more truck accidents caused by the automobiles than caused by the truck. Talk about discrimination.
H. E. McMaster
Since an individuals past mistakes are able to be displayed permanently and held over his head, damaging his ability to gain employment In the future. Why not broaden the scope to the CEO’s and share holder’s and anyone else who work’s in the office’s of these companies? Seems only fitting to me that good for me should be good for you too.
For that matter, why is it only the trucking industry (driver’s) that undergo this amount of scrutiny? You place driver’s under extreme circumstances to meet schedules, and expect performances that any other normal person wouldn’t be able to do. Then broadcast the negative information once you find out he used something to help him stay alert and do the ridiculous things that were expected of him. Today’s trucking society has become nothing but a joke full of steering wheel holder’s.