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.
CMux
How about no testing. All the “hard drugs” don’t stay in your system long anyway. The only one that lingers for a substantial amount of time is marijuana. More control and over reach is not the answer. Obviously nobody should use any substance while operating any motor vehicle but why can people drink alcohol when not driving and not use marijuana? You can buy alcohol at truck stops. The regulations in this profession are beyond ridiculous. When will someone advocate to remove some of these regulations? Between the ELD’s, testing, and the rest it, it’s no wonder the industry is short drivers. Micro management turns people off and makes things more difficult then they have to be. Driver’s are responsible or trusted enough to drive 80,000+ lbs but not trusted enough to self regulate what they put in their body(while not on the road) or when they should drive or rest.
Darren
I agreed 100% what you do on your time off don’t affect you when you sober back up to drive
Dale Freitag
It seems that the companies complaining about the hair use is the big ones that have a lot of accidents. Maybe they should just worry about there own drivers. Don’t get me wrong I see a lot of dumb stuff out on the road and I to get angry seeing alot of this stuff. I agree that testing should be done. The company I work for does random drug testing all the time. If you fail the test your gone period.
Markus
Soon I’ll be trying to find a local yard dog job I’m getting tired of this government..LAND OF THE FREE WHAT A JOKE
Jeremy
You can take a ton of pills, that affect your motor skills and give you a bunch of side effects and drink but can’t smoke some weed hmm. Pretty sure they concluded that pot does more good than harm. But I guess the government knows what’s best for us all. 😆
Fact
I WANT EVERYONE IN THE FMSCA AND THE DOT TO TAKE THE SAME DRUG TESTS AS TRUCKERS.
Darren
I agree… half of the police force would be gone if they did
Seven
YES
CMux
Nailed it.
Gregory Bowden
I am not advocating for people doing drugs to be on the road, but these mega carriers have screwed up the trucking industry from pushing for elds which have made the industry much more unsafe now they’re pushing hair samples when they can’t even hire or train drivers who can’t even trucks on the road or hurting people. If they want hair samples keep it for their companies. Stop depressing rates and wages. Crooks. Stop throwing money to the politians. Treasonous clowns
CMux
☝🏻 100% agree
Jasmine Pace
I agree with the person that spoke about the drivers that can’t read or English.
Ernie Howe
I sure am glad I retired from trucking. After 30 plus years on the road & now it’s come to this? All you people that want to drive a truck, I recommend you find another job. Cameras, GPS, trucking devices & so on to SPY on you even in your personal time. I would throw the appropriate middle finger salute to the DOT. F%$# IT, let America starve !! Plus, I would be calling out foreign drivers who Washington (both parties) bring in to TAKE YOUR JOBS!! Nothing against foreigners, as that’s what this great nation is about, but by doing this to the trucking industry is screwing born here Americans because these people will work for nothing!
Now would be the perfect time for a nationwide strike for bringing pay & benefits up, but also allowing these companies to recruit NO EXPERIENEta Eta CE DRIVERS, FOREIGN DRIVERS, STOP ALL UNPAID TIME PERIOD. SET A MINIMUM HOURLY WAGE TO BE PAID TO ALL DRIVERS THRU THE ELECTRIC LOGS. IF IT ON DUTY YOU SHOULD BE PAID.
But the you have idiots getting their 15 minutes of fame protesting a fair & legal election, striking against a woman’s body & so on. That convoy was a disgrace to your industry! A plain F%$#ing joke for the ignorant idiots who were in the convoy. What a joke! Fight for you jobs & not woman’s Healthcare rights, or a lying, pervert, COWARD, self serving orange faced pig in Chief we had to deal with as he screwed working Americans!!
But as per history, drivers NEVER stick together. Those type need to be taken out & enlighten the greedy drivers who would work & screw you striking!
Good luck being their puppet on a string. You’ll need it!
Leroy
You can drink yourself into oblivion and get into a truck a few hours later with a hangover. Legally. Perfectly legal.
You can smoke marijuana. Get into a truck. 30 days later. Let’s say a person was on vacation somewhere. They used a perfectly legal “drug.” The dreaded killer MARIJUANA……..OH My GOD!…….
Now you are subject to a system. Your metabolism and the courtrooms of American justice. The hang over is fine. Drink all you want. No hair test for that. Smoke a little weed and the SYSTEM will destroy you. Because a courtroom and its cronies can test you. And hold it against you for the rest of your life.
Leave it up to courtrooms and big government to screw things up. PATHETIC……..
Darren
I agree 100%