Trucking Alliance asking FMCSA to allow hair tests into drug clearinghouse (2024)

WASHINGTON — The Federal Motor Carrier Safety Administration (FMCSA) has received an application from The Trucking Alliance (TA) asking that the results of hair testing for drugs be reported to the Drug and Alcohol Clearinghouse.

The application includes motor carriers Cargo Transporters, Dupré Logistics LLC, Frozen Food Express, J.B. Hunt Transport Inc., KLLM Transport Services, Knight Transportation, Maverick Transportation LLC, Schneider, Swift Transportation, US Xpress and May Trucking Co.

FMCSA officials note that although the agency “lacks the statutory authority to grant the Trucking Alliance’s request for exemption until the Department of Health and Human Services has taken certain action, FMCSA requests public comment on the exemption application, as required by statute.”

The TA applied for an exemption from the Federal Motor Carrier Safety Regulations (FMCSRs) “to amend the definition of actual knowledge to include the employer’s knowledge of a driver’s positive hair test, which would require such results be reported to the FMCSA Drug and Alcohol Clearinghouse and to inquiring carriers.”

Hair testing is in use by employers and court systems across the continent, but it hasn’t yet been approved for controlled substance testing by the FMCSA.

TA members currently utilize hair testing in addition to urine testing.

However, regulations don’t recognize hair testing for FMCSA purposes, including compliance with testing, reporting and record keeping policies. Because of this, carriers that test hair samples must also test urine samples, adding considerable cost to the testing process.

Hair testing can detect the use of cocaine within the past 90 days, and even longer in some cases. The same goes for amphetamines and other controlled substances.

There’s little doubt the introduction of the FMCSA’s Drug and Alcohol Clearinghouse has had an impact on the efficiency of testing and reporting. Because of the improved sharing of information, drivers who test positive or refuse to test are finding it much more difficult to simply change carriers.

As of Dec. 31, 2020, the Clearinghouse has reported 104,840 drivers with disqualifying violations. By far, marijuana metabolite was the most common substance identified, with 55.7% of positives showing the drug. Cocaine came in a distant second, responsible for 15.4% of identified substances.

However, as The Trucker reported in February, a study conducted earlier this year at the University of Central Arkansas (UCA) claims the number of positive results for cocaine and other drugs would have been much higher if an improved testing method — namely hair testing — was used.

The UCA study, commissioned by members of TA, used data collected from TA member carrier hair testing programs and reports from the FMCSA Clearinghouse. Prepared by Joe Cangelosi, Ph.D., and Doug Voss, Ph.D., the study found that an additional 58,910 drivers would have failed pre-employment drug tests in 2020 if hair testing had been used instead of or in addition to urine testing. The study found the use of so-called “harder” drugs, such as cocaine and opioids, is seriously underreported by the FMCSA’s current urine testing policy.

UCA researchers compared 1,429,842 truck driver pre-employment urine drug test results reported by the Clearinghouse with 593,832 urine and hair test results submitted by TA member carriers.

“Federal law prohibits truck drivers from using illegal drugs, yet thousands are escaping detection,” said Lane Kidd, managing director of TA in a January 11 press release. “Drug-impaired truck drivers are a critical public safety issue but employing these drivers can be a considerable liability risk.”

Several trucking groups, including the Truckload Carriers Association (TCA), also support hair testing.

“We support the efforts of hair testing and recognize that it certainly plays a major role in discovering drug use among potential drivers or drivers that may be operating within our industry,” said David Heller, senior vice president of safety and government affairs for TCA.

Advocates for hair testing say the method has advantages over urine testing — perhaps most importantly, drug residues are stored much longer in the hair than in the urine. Cocaine, for example, can be out of the user’s system in as little as 48 hours, depending on the amount used. Drivers who use cocaine can simply stop using before reporting for a new job, or even before returning to a company terminal where a random drug screen is a possibility.

Hair testing can detect the use of cocaine within the past 90 days, and even longer in some cases. The same goes for amphetamines and other controlled substances.

Marijuana metabolites tend to remain in the body longer and can show up in a urine test a month or more after use. The large percentage of positive results for marijuana reported by the Clearinghouse could be more an indication of how long the drug is detectable in urine samples than of the prevalence of use by drivers.

Additionally, hair testing proponents argue, there are methods drivers can use to try to defeat urine testing, including substituting urine from another person or using synthetic urine, which is easily available online. There are even “delivery” products that provide an assist in passing an observed test. Diluting specimens with water is often attempted as well.

With hair testing, specimens are collected by approved personnel with a pair of scissors.

Cheating the test is also much more difficult than with a urine test.

The Trucker’s Cliff Abbott contributed to this report.