Six Carriers Request Exemption That Would Permit Hair Testing
The exemption request, outlined in a pre-publication Federal Register announcement by the Federal Motor Carrier Safety Administration on Jan. 18, was filed by J.B. Hunt Transport Inc., Schneider, Werner Enterprises Inc., Knight Transportation Inc., Dupre Logistics Inc. and Maverick Transportation.
All of the companies making the request currently conduct the pre-employment tests with both urine and hair samples, but they have complained for some time that doing both tests is redundant and costly and that hair testing is more reliable.
“Under the exemption, the carriers would conduct pre-employment tests using hair analysis only, rather than hair analysis in addition to urine testing, and individuals with negative test results would be permitted to perform safety-sensitive functions for the employer,” FMCSA said. “Individuals testing positive would not be allowed to perform safety-sensitive functions until the driver completes the return-to-duty process. In addition, the applicants would share the positive hair testing results with prospective employers in response to safety performance inquiries.”
The Omnibus Transportation Employee Testing Act of 1991 requires FMCSA to follow the Department of Health and Human Services mandatory guidelines adopted by the Department of Transportation and use only urine samples for scientific testing issues.
However, a congressional mandate in the 2015 FAST Act transportation law requires that HHS implement a hair testing option for federal employees by Dec. 4, 2016, but has been stalled until a drug testing advisory board of the Substance Abuse and Mental Health Services Administration eliminates potential concerns “regarding the scientific methodology and forensic defensibility of hair testing,” as well as legal and public policy questions, according to the board’s chairman, Ron Flegel.
FMCSA said that while the Department of Transportation has discretion concerning many aspects of the regulations governing testing in the transportation industries’ regulated programs, it must follow the HHS mandatory guidelines for the laboratory standards and procedures for regulated testing.
“The applicants currently conduct pre-employment urine testing that satisfies the DOT’s requirements, separate from the department’s controlled substances and alcohol testing program,” according to FMCSA. “The applicants believe their data . . . ‘demonstrates that hair analysis is a more reliable and comprehensive basis for ensuring detection of controlled substance use’ and the exemption would enable these fleets to discontinue pre-employment urine testing.”
FMCSA has requested public comment on the exemption application for 30 days after the announcement is formally posted in the Federal Register, anticipated for Jan. 19.
