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.
Dan Reed
Sure glad I retired. When I started in 1963 trucking was an honorable and respected profession, and driver’s were referred to as the knights of the highway. Everything has sure went to crap. Enjoyed most of my 56 years on the road until Landstar fired me. Said I failed a mandatory equipment test. 35 years under contract didn’t mean a thing to get reinstated, I’m to old, truck not shiny enough. Lots of luck battling the system !
Marcus Baity
I see it’s a lot of junkies leaving comments! Just go turn in your keys already! Damn junkies!
Marcus Baity
Well it’s a lot of us that don’t do drugs at all and don’t see a problem with it! I’m all for it get those unsafe drivers off the roads! I welcome hair testing! If you want safer drivers on the roads! I know too many drivers that do cocaine and misuse prescriptions! And wayyy to many who will wait until they do the initial drug test then go right back to smoking weed! Get all of them off the roads! Let the professionals get the job! Not junkies!
Gangsta
This is total BS and the basis is an even weaker argument! Cocaine & opiates don’t stay in your system over a week! so the justification doesn’t apply but what does is Marijuana, up to sever months if Heavy users & which is a predominantly Black substance of choice..but getting drunk & inhaling cancer is a viable option for truckers in a country that profits off of the sale of Marijuana while simultaneously incarcerating the black community for using / selling it? Remember wh
We’re only 52yrs removed from when weed became illegal because it was seen as an urban drug which would possibly result in the assault/ R*pe of white women & those times weren’t the brightest for the Black community, so its only logical of those in power then to carry on those same ideologies to this day..or even worse share those beliefs to their next generation 🤔
Jeff Daniels
Pulling hair to test for drugs is beyond ridiculous. My test came back positive for a substance I never used and wouldn’t ever care to use. I spent hundreds of dollars just to be able to work for an industry that doesn’t even make sure drivers are being paid by being detained at shippers for 8 hours. This industry needs a serious wake up call especially when their are drivers who spend months at a time sleeping in a truck, away from family, who devote their time and energy to make these carriers millions of dollars just to make the same pay as someone who goes home nightly and sits in an office. Drivers are not being paid what they’re worth for the heavy amount of regulations against us but yet want to know every detail about you. It’s against civil rights to pry into peoples lives and a slap in the face when your not handsomely rewarded in response. The showers don’t work or the truck stop is mediocre at best, nowhere to park after 6pm, not being paid detention, losing apartments or homes, and this industry has the highest turnover because it’s not what people are expecting. You barely are able to survive working with those same carriers mentioned above when you would think they’re the best since their pushing for hair test. I will agree that it may be helpful but it can also be the curse that the industry needs to be fully aware that they need to do better as well and put more money back into the company, lease and owner operators pockets before wanting to take those steps. It seems selfish, disrespectful, and wrong. If your going to implement hair follicle test for drivers then implement it to dispatch, load planners, management and anyone who works with drivers so that it’s fair because you work in the same industry regardless if you drive trucks or not. If the drivers aren’t being paid enough for sacrificing their lives everyday then why is this ok? Why is they’re nothing but fast food restaurants at every truck stop and nothing healthy but we are forced to say if we have high blood pressure or not, which can determine if we’re able to make a living. Why are shippers able to hold drivers and not be paid for their time and get away with it without repercussions? Why is there no huge investment in the drivers to make sure they have a home to go to, safe place to park, and healthy meal choices. These are things that need to be addressed as well before they start worrying about a driver who may never have used drugs a day in his life but because of his or her surroundings it shows up in his or her hair.
Don
I had the same problem! Medicine that they sell in the store can cause you a positive test results but the don’t talk about that.
Roberto
Anything to get your DNA into a database. That company is selling your DNA profile to the Government in the USA and abroad.They don’t need hair samples when a normal drug test is accurate.Its all about getting drivers DNA under quise of wanting it for drug testing,and government is a party to this illegally taking of DNA without warrants so they are having and letting companies use it under false pretenses,they think if you want a driving job bad enough you will agree and submit.
Don
That sounds about right
Jason
Do you have any evidence to back up that claim? Of course you don’t.
Penny Reed
I did the hair test an totally upset 2 rows of my hair was cut I have fine hair I felt so thin it was REDICULOUS. Urine should be plenty or blood. The hair test scalps a person the company told me I just went to wrong place lol REALLY ITS WHERE THEY SENT ME. It was alot of hair. I’ve never done drugs I’m sick of having to pay a price for the ones that do. So there for if someone has tested positive do the hair test on them cause this is out of hand you can’t even purchase claritin d for allergies because of drug attics I’m seriously over the REDICULOUS situations us good drivers have to go through for all the bad ones. Needless to say after that mess with my hair I REFUSE TO WORK FOR THST COMPANY. They called to tell me I passed I’m thinking seriously I already knew that. Please enough enough.
Penny Reed
I meant that company.
Don
We have to stand against the government
Hunter
Its time for a strike this is totally BS