Eleven large-fleet trucking companies are pushing federal regulators to address a petition to allow hair testing for drugs that the carriers claim is needed to help keep drug-using truck drivers from getting behind the wheel.
The carriers — which include publicly traded truckload operators J.B. Hunt [NASDAQ: JBHT], U.S. Xpress [NYSE: USX], Knight-Swift Transportation [NYSE: KNX] and Schneider National [NYSE: SNDR] — are seeking an exemption from trucking regulations so that they could use hair as well as urine for random drug tests and pre-employment screening.
In a petition filed with the Federal Motor Carrier Safety Administration (FMCSA) last August, the carriers asked that they be allowed to use hair drug test results as part of the required random testing, which currently mandates urine testing, and to allow the release of the results of those tests into the Drug & Alcohol Clearinghouse.
To meet the current requirement of 50% annual random testing of drivers, the carriers would test 25% of drivers using urine testing and 25% hair testing,” according to the petition. The carriers are also asking to be allowed to report positive hair tests gathered during pre-employment screening to the clearinghouse.
Hair testing is more expensive on average than urine testing, costing about $100 per driver versus $45 for a urine test, according to the petition. It points out that several of the 11 carriers have been conducting their own hair testing to screen drivers in addition to the required urine testing for over 10 years.
However, “the big issue is not the cost,” Rob Moseley, an attorney with law firm Moseley Marcinak Law Group, which is representing the carriers, told FreightWaves on Tuesday. He said that because drugs are detectable in hair tests 45 days or longer, as opposed to much shorter periods in urine, drivers abusing drugs are getting hired who might otherwise not have been. “These drug users need to go into the system because we don’t want them driving commercial vehicles on our highways. Right now, they’re evading the system.”
After the FMCSA failed to publish the trucking group’s petition within the 60-day time frame required by statute, Moseley’s firm in February petitioned the U.S. Court of Appeals for the 5th Circuit, based in New Orleans, to compel FMCSA to publish the document.
However, the court denied the group’s petition several days later, ruling that, because some of the trucking companies involved had previously petitioned FMCSA for a similar exemption (in January 2017), “the [FMCSA] Administrator may treat these similar petitions as a single petition” and therefore “she was not required to publish the companies’ second, similar petition.”
Asked to comment, an FMCSA spokesman pointed to the U.S. Department of Health and Human Services’ (HHS) proposed rule published in September — a month after the trucking group submitted its petition — setting out mandatory hair test guidelines for agencies that are required to oversee drug testing. HHS has not yet issued a final rule.
“We can’t act until HHS finalizes their process,” the spokesman told FreightWaves, adding that “the agency is aware of the petition, and we will formally be responding to the petitioners.”
The comment period for HHS’ proposed rule ended on Nov. 9. The 213 comments received were notable in that they were almost universally critical of the guidelines as proposed: Those opposing hair testing contended they went too far, those supporting hair testing — including the American Trucking Associations — asserted they did not go far enough.
“FMCSA is taking the position that HHS is going to deal with this,” Moseley said. “But we’re asking for an exemption from FMCSA regulations, not from HHS, so therefore FMCSA is the appropriate agency to consider our petition.”
Besides, he said, “the carriers we represent all opposed the HHS proposal because it requires duplicative testing of both urine and hair. That does nothing to improve [the ability to catch drug abusers] so the guidelines don’t really help.”
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Thomas Matkins
What a trucker does on their time is no body’s business, just like the 4 wheelers
$ucki+
It’s only fair. Marijuana can stay in urine for months. So a driver who didn’t use while operating can lose their job. But, a dope fiend or crack head can drink water and beat the test.
Mike
-Goes to get hair tested- Oh hey, I had a pot brownie like 40 days ago. Another guy smoked medical marijuana instead of actual narcotics for the pain from his back surgery. These type of people are also “caught” in these drug screens.
Mark stack
If we’re going more drug and alcohol testing how about we start in Washington DC first. If you test positive you are gone from your position. I wold love to see that . We all know it would be a mass exit of govt officials we would be taking out the trash and useless dead beats
Scott Blakemore
I have been asking that same question for a while. Makes no sense that the people making drug and alcohol rules can’t pass the same tests they mandate.
William Jones
The hell you say. You big trucking company boys are corrupt with greed. All your doing is trying to corner the market for your own gain. I’m the end you will destroy yourselves. Can’t wait
Mark stack
I agree great example Warner having to pay 42 million for being grossly negligent in an accident but they get to keep their driving school. WHY most of the mega carriers have the accidents. But the ata and mega carriers get their way. It’s time to Stop self insurance so all have to play by the same rules and bad drivers are out…..simple
Phillip
How about we start a clearinghouse for the companies who false edited logs or forced drivers to work passed hours. All of a sudden your so worried about safety hypocrites ,why don’t you tell the truth which is your selling out the drivers who made you wealthy to be in on authorized trucks, your drivers should sue you for underpaying them. Your own greed will bring you to your knees and don’t come looking to us to bail you out.
Phil
Automized
Mark stack
I agree great example Warner having to pay 42 million for being grossly negligent in an accident but they get to keep their driving school. WHY most of the mega carriers have the accidents. But the ata and mega carriers get their way. It’s time to Stop self insurance so all have to play by the same rules and bad drivers are out…..simple
Truth talker
First off y’all know it’s not the drivers fault the majority of the time it’s the impatient people that are in hurry to go home or late for work you should go ahead first off start drug testing the government and work your way down cause my science teacher in jr high taught us the three things that make the world turn sex drugs and money which the government is involved with all three of those so if they was not bringing the drugs through the border with government trucking companies like swift jb Hunt Schneider is express celadon and others that pick up a trailer by the border and never allowed to look at the cargo that’s in them which is in connection with all three sex trafficking of abducted people and kids sold for money and the politicians who they don’t want to win they say there campaign money comes from a unknown sources which is drug money so you want to crack down on drivers who have to drive day and knight to get loads delivered for 100-300 dollars depending on how far we drive once we get loaded wait a day or longer to reload so figure that plus food y’all already screwed us from the get go so if the drug trafficking pedophiles morons that do what the government wants them to swift Schneider jb Hunt ect. That’s why they are the biggest companies out there there financed thru the government which is our tax dollars I say shut down those companies and let the independent guys work and you won’t have all accidents because they won’t hire someone who has no experience but the companies will take them that’s where. Your accident are coming from morons that hire the morons with no experience and put them in a truck literally to kill someone cause they don’t know what they are doing you can’t learn how to handle a truck in 3 weeks sorry fix the real problem leave the drivers alone maybe y’all should go to sleep instead of doing drugs and coming up with false info damn Democrats
Mark stack
Very well done …it would be extremely helpful if the companies listed in the article would have 1 year of training. These rejected burger flippers no talent folks who damage our equipment and take off or companies that are self insured need to go. Maybe just maybe they need to hire a better class of people