Required hair testing in trucking could take years

Osiecki pointed out that once the OMB approval process is completed – which itself could take 90 days or more – two federal agencies would have to go through a rulemaking process before hair testing for drugs is required for commercial drivers: one from the U.S. Department of Transportation’s Office of Drug and Alcohol Policy and Compliance (ODAPC), and one from the Federal Motor Carrier Safety Administration.

ODAPC advises the DOT secretary and publishes regulations on drug and alcohol testing among the federally regulated transportation modes. Each modal agency then must adopt testing procedures based on those regulations, Osiecki explained.

“So we’re actually years away from hair testing in the commercial trucking sector due to the steps that still have to be taken,” he said.

That’s either good or bad, depending on where you sit. At a Congressional hearing on June 12, American Trucking Associations (ATA) President and CEO Chris Spear testified that hair tests for drug use are more difficult to subvert.

“However, since urine is the only sample type permitted under DOT regulations, companies that voluntarily conduct hair tests must do so in addition to mandatory urine tests. This duplicated time and expense deters fleets from adopting this more effective testing method,” Spear said.

The ATA’s support for mandatory hair testing was bolstered by drug-test survey data released by the Trucking Alliance that found over 300,000 drivers currently on the road would fail or refuse a hair analysis.

Small business truckers represented by the Owner-Operator Independent Drivers Association (OOIDA), however, have so far opposed requiring hair testing in federal drug and alcohol test procedures.

“We have concerns about hair testing, such as biases toward hair color and texture, and the lack of any evidence of a connection between hair testing and crash reduction,” OOIDA told FreightWaves in a statement.