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.
Michael Senn
It’s simple: DON’T GO INTO THE TRUCKING INDUSTRY.
Leroy
Or leave. That’s what they want us to do. Part of the Green new deal.
Rebecca
I think that they should worry about the drivers being able to read and write the English language first. You really don’t want to know how many drivers that I have come across who can’t speak it or read it at all
Michael Senn
We need to drug test politicians.
Al
I agree with most comments stated, we all have good points of view. I totally agree with testing for Drug and Alcohol use for any job/career but these test are not 100% accurate. Research articles that reported false positives results from hair follicle test. So, let’s be fair…the system needs to test the system first before releasing such demands. Truck drivers do deserve an increase in paid. They have one of the most dangerous job in the industry. Lastly, paper logs to HOS why… Stop scheduling the drivers to drive. Allow all drivers to pick from the load board. You can’t tell the body when to go to sleep as a truck drive the biological clock is on constant rotation it’s never really rest.
To be continued ….Driver’s be safe!!!!
Carlos_P
💥🏳️🌈 hallelujah, let’s remove another 50% of the drivers from the current driver pool!! 💥🏳️🌈 Pure Supply Chain destruction #101 for Marijuana smoked 5-20 years before having a CDL !! Makes perfect Left wing Logic !! 🤡🍺🤡🍺👍🏾👍🏾👍🏾👍🏾👍🏾👍🏾
Don
Let the government come out here and operate. What I don’t understand they want us to follow every ridiculous rule they come up with but, that same government opt out of every rule and ridiculous law they past. example how the irs can look at everyone’s financial history but not there’s. No one find that suspicious.They are quick to past laws and regulations on truck drivers as if we are the only road users. I see cars with no tail lights, bald tires,hell barely have brakes probably but, we’re the target GTFO. The government probably smoke more dope than any american citizens out here but, we will never know because they hide their hand. Once again if we stick together and shut our trucks down for one week things will change. Let’s make rules against the government and let see how they like it. It’s always that one MF in the office talking about how their dad use to operate but, have you operated before is the question??? Do you understand the fundamental of operating a truck everyday in the trucking industry? Can you keep up with the outrageous laws and regulations and apply it to your everyday life while operating? I have 13yrs in the trucking industry not even close to the VETERANS but I know bs very well. We need to find away to block the government when it comes to making rules or elect someone who understands this industry not no damn blue collar
Al
Right..lol
Kim
I feel truckers should be tested through hair testing today and if they fail they should revoke and destroy their cdl license. Truckers can hurt more than just themselves if they get in a wreck under the influence of drugs. I am married to a trucker. I know several truck drivers who are heavy users and I’m talking more than just marijuana.
Carlos_P
Makes zero sense what anyone did 5-20 years ago as it has ZERO bearing on their driving TODAY….💥
MAYBE the more LOGICAL solution would be more frequently testing, like 4-6 times a year for EVERYONE, not the once A Year Random crap like now..
Andrew
You’re a fool
Craig Leibrich
It’s seem our Government are more concern about Truck Driver’s. We have to have a Physical every 1 to 2 yrs keep a daily log what we do, and account for what we do, our Driver’s license is held against use on insurance and fine’s plus driver are under paid for the amount of time they work. Our own military doesn’t even have to take Physical every year or Doctor,Cop,Attorney, Judge’s or everyday Driver’s. But our Government tell if you want to be a Truck Driver give up your rights because we control what you do. Know they want to had the hair sample to it,