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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Richard Shrode
Hair follicle testing is mainly for marijuana and the n most states thats legal it’s not like I get behind the wheel and smoke it’s like the acholic 8 hrs and he’s ready to go I just want to relax and have a good sleep
Tim S
You and me both, buddy. If we did that, we’d be labeled junkies or addicts. But it’s perfectly OK for Billy Ray to get sloshed at home and drive hungover.
Otto
Can they try to find the people spreading std’s at the local truck stop too?
Les
This is from the same people that have no problem putting drivers out on the road that can’t read road signs or communicate verbally with anyone because they don’t know a livk of english
Matthew mel
As long as you can pass the urine test that’s all that should be given. Like a lot of people say the hair test can give false positives and to be honest a lot of people are not doing drugs but there are things out there that can give a false positive. It’s already hard enough as a truck driver as long as you pass your urine test we should be good to go.
James
So now you are subject to more humiliation like someone cutting your hair just to work for a compny in which you are a “resource”. What’s next? Stool samples, biopsies and whatever else?
Maybe hire drivers that have the actual concept of driving a truck instead of using the trucking industry as welfare reform and a cash cow for big corporations as a tax shelter.
Andrew Duncan
When I worked for night transportation almost 7 years ago they they did a hair test back then so I don’t know how accurate this article is and as far as I know they still do a hair test.
Timtruck
Look at the companies who want this! Those companies will hire pretty much anyone with a pulse anyhow. How about they train a little bit better and quit hiting any old joe, john or mary that comrs in the door and actialky teach these people that they do hite, how to drive. That would be a way better start to things than doing hair testing! ….smh….
Albert Cereceres
I agree thanks for the comment.
Frank Schultz
Nothing is stopping them from this additional testing. They shouldn’t push this on the rest especially when it is not accurate and gives false positives the reason it isn’t used.
Because they have drug and safety issues doesn’t mean the rest of us do. Maybe they should screen better and better hiring practices
Asar
I agree wonder if the market would shut down for month. Would these people have balls