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.
B. Carter
Let’s cut through the chase. red tape, and BS and stop just doing selective testing…Test all employees at all levels…
Mark Coffey
I personally detest drugs. I’ve been running since 1980. If your using a drug that impairs your ability you shouldn’t have your ass in the seat. I also detest the government being asked to do the dirty work for these sorry ass mega carriers. As an owner operator for all these years I’ve seen the drug users kill fellow truckers and citizens. It should be company policy of these big carriers to pay and have drivers tested . Keep Big Brother out of it. Pretty soon us solid drivers will be getting called in. What’s next?, DNA tests?
My beloved industry has just been decimated over the years Anyway. I’m glad my run is coming to an end but I feel so sorry for new young, and good dedicated drivers in this country now. God Bless em !
Don
I agree 100 percent
D. BROCK
What do you think a hair test is? You are giving the goverment your DNA without a judge order. I’m not against testing by no means been out here since 1988 but, I’m against our goverment overreach!
Dan
These company wants to do this because they will hire anybody. They don’t even train well. Most of them come out of there training not even knowing how operate the truck safely. The people that train them don’t have a year under thier belt. That’s more dangerous anything out there on the road.
Emmett Andrew Kong
Innocent Deaths is responsible to all who do not see clear but heed to greed and pay offs to conglomerates – politics against the interests of 🌎 and well-beings of its inhabitants.
Drug Hair Test Analysis is welcome! % of cost should go to lobbying a drug fund masterful pro- grooming Federal run programs as FMCSA , DOT etc.
Vince
We the truckers are the very ones that transport the goods, we need for the world to operate. DOT already make it hard for mom and pop business to make it. Let’s stick together trucker and do a world wide strike just for a few days and see how things go and maybe we can get some appreciation.
Richard Robinson
If they do this they should have to pay drivers time and a half for working over 8 hours per day.40 hours week
Brent
No t no but hell no, hair is going above and beyond the people’s rights. There is already a shortage of drivers and hair would be making a bad problem worse ! NO NO NO !!
Anna Lechuga
All these companies are terrible to drive for so they should focus more on not being such garbage companies then maybe they would get more qualified drivers…quit trying to blame drug tests for your low driver retention rate!