McCraren Compliance

Legislation would allow use of hair samples for trucker drug testing

truck-driver

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Washington — Legislation recently introduced in the House would allow the use of hair samples as an alternative drug-testing method for commercial truck drivers.

Sponsored by Rep. Rick Crawford (R-AR), the bill would require the Federal Motor Carrier Safety Administration to add hair testing to its definition of an employer’s “actual knowledge” of a driver’s positive drug test, which requires the employer to report results to the FMCSA Drug and Alcohol Clearinghouse.

Under the bill, the use of hair samples for drug testing would be limited to truck drivers, and not bus drivers. In addition, it “reiterates that U.S. motor carriers continue to administer a preemployment urine drug test,” as FMCSA requires.

“Allowing U.S. motor carriers to use positive hair test results as actual knowledge for preemployment purposes not only creates a more reliable way for drug testing but also creates a more equitable process for hiring truck drivers,” Crawford said in a press release. “This legislation enables employers to know if a licensed commercial truck driver job applicant has previously failed a hair test for illegal drug use.

“Removing known controlled substance users from behind the wheel of commercial motor vehicles will make our nation’s roads safer for everyone.”

Henry Hanscom, senior vice president of legislative affairs at the American Trucking Associations, adds that although numerous fleets already incorporate hair testing in preemployment drug screening, a “loophole” currently discounts results.

“Positive hair tests are neither accepted by nor recorded in the Drug and Alcohol Clearinghouse, which means unsafe drivers can circumvent this critical safety check and continue operating commercial motor vehicles.” Hanscom said in the release. “The trucking industry commends Congressman Crawford for introducing this bill that will support our efforts to keep roadways safe.”

FMCSA denied previous petitions from the Trucking Alliance, a coalition of 11 organizations, which requested that the agency amend its definition of “actual knowledge” to include knowledge of a positive hair test.

Most recently, in December 2022, the agency wrote that it lacks the statutory authority to do so.

Crawford has previously backed bills calling for the recognition of hair sampling as a drug testing method for truckers, including in 2015.


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Original article published by Safety+Health an NSC publication

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