FMCSA Denies Request to Add Hair Testing for Drugs
The Federal Motor Carrier Safety Administration (FMCSA) has denied the Trucking Alliance’s (TA) request for hair testing results to be included in the FMCSA’s Drug and Alcohol Clearinghouse.
The notice of rejection published Friday, Dec. 23, on the Federal Register.
Hair Testing Request
The Trucking Alliance applied for the request in August, as did Cargo Transporters, Dupré Logistics LLC, Frozen Food Express, J.B. Hunt Transport Inc., KLLM Transport Services, Knight Transportation, Maverick Transportation LLC, Schneider, Swift Transportation, US Xpress and May Trucking Co.
Employers and court systems across the U.S. utilize hair testing, but this method hasn’t yet been approved for controlled substance testing by the FMCSA. Trucking Alliance members currently utilize hair testing in addition to urine testing. Carriers that test hair samples must also test urine samples, which adds considerable cost to the testing process.
Detection of Drugs Abuse
Hair testing can detect cocaine and amphetamine use within 90 days, or potentially longer. The FMCSA said that the Trucking Alliance’s argument ignores the Department of Health and Human Services’ (HHS) mandatory guidelines for hair testing, which have not yet been finalized.
“This approach disregards an accepted standard of statutory construction, which provides that statutory text must be construed as a whole,” the FMCSA wrote. The agency said it can’t OK the use of hair testing as an alternative to urine tests until HHS establishes federal standards for hair testing.
The HHS issued proposed Hair Mandatory Guidelines for Federal Workplace Drug Testing Programs in 2020 for public comment but has not issued a final version.
OOIDA Heralds FMCSA’s Decision
The Owner-Operator Independent Drivers Association (OOIDA) heralded the FMCSA’s decision.
“The Clearinghouse should not accept the results of any hair follicle testing considering the inconsistencies and inaccuracies involved,” OOIDA wrote in comments signed by President Todd Spencer. “Even under current Clearinghouse regulations, drivers are not always assured of due process. Not surprisingly, drivers have shared legitimate concerns about their employment status following false positives and other contentious results.”
Jay Grimes, OOIDA’s director of federal affairs, said that the FMCSA’s denial “highlights the unanswered questions and validity concerns with hair testing. Just because a small percentage of trucking companies opt to screen their drivers using hair testing does not mean the process should be used for the entire industry. OOIDA maintains our opposition to any hair testing mandate.”
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