In 2015, Congress passed a federal law that would allow a truck driver's positive hair drug test results into the FMCSA's Drug and Alcohol Clearinghouse. This law is essential for transportation companies to combat illegal drug use among commercial drivers. However, in almost 10 years, the federal bureaucracy has not implemented the law. It's time we did! 🛣️ #DrugTesting #RoadSafety #SaferRoadsForAll #Trucking #HairTesting
I am not supporting impared driving of any vehicle, and fully support drug free truckers. I even support extending DOT drug testing to CMVs that don't require a CDL, after all we are still required to have drug free drivers in smaller CMVs. That said, I am absolutely not supporting reporting unethical and unreliable results from hair testing until it is an approved DOT method, and that should not happen until the elevated risk of false positives, especially around those with treated hair or with certian racial profiles, is overcome. The intent of US DOT regulated drug testing is to remove the immediately impared and prevent them from driving, not to penalize folks based on the color of their hair or their ethnic backgrounds as hair testing currently does! Hair testing is not this magic bullet that positively proves a driver is a habitual drug user, nor can it even prove immediate impairment by a regulated substance. It is a feel good measure, much like TSA at the airport, designed to appear effective but really a waste of time, effort and money. Saliva testing has a promising future as it can be directly observed without an invasion of privacy and is as accurate, if not more so, than urine. The focus should be on oral not hair
This post almost makes me want to dust off my resume, apply to a Trucking Alliance affiliated carrier and get a positive hair test reult reported to the Clearinghouse so I test this case as a civil rights violation and put the misguided effort to rest. Posts like this will lead to illinformed carriers to illegally report these results to the Clearinghouse because they may believe the nonsense being posted and expose themselves to extreme liability. Hair tests are not actual knowledge and therefore cannnot be reported to the Clearinghouse.
Should. Rulemaking should require and allow this but It doesn't so no it must not be reported. For people unaware, you take on some risk submitting any results other than urine specimens results to the CH. Positive hair follicle drug test results cant be reported to the Clearinghouse and are misleading and could lead to issues for fleets and drivers alike. FMCSA only allows results from DOT-approved testing methods namely urine specimens to be reported to the Clearinghouse. Hair follicle testing is not an approved method under DOT regs and cannot be Clearinghouse reported. Reporting hair test results to the Clearinghouse can expose fleets to legal risks like penalties for submitting inaccurate or unauthorized data. The FMCSA has been clear on this even denying exemptions to include hair test results in the Clearinghouse as recently as 2022. So for those that take posting on regs literally, don't report anything but urine.
It’s time FMCSA, way past time.
I support any organization and any regs or common sense legislation that's going to realistically make our drivers and roads safer, but while politics and lobbying is imperative to get those initiatives proposed and advanced, it's important that organizations, lobbyist and trucking orgs not lead drivers and carriers down the path of "unrighteousness" and into a place of exposure while trying to advance industry initiatives. People who "like" this post I have no doubt know the regs as I do, but they liked it because they recognize this initiative as something everyone understands. They're politicians, lawyers, and executives separate from the Frontline where ignorance is common place and you really have to spell things out and present with a different tone and mindset for us in the low "unwashed" masses section of the industry because at the front line, they're looking for guidance, they'll take anything we throw out literally and make it policy as if it's a real reg even if it's satire. Coming from driver to broker to fleet owner I didn't realize how political our industry was until I got to the enterprise executive, policy, and consulting level and found politics here are deep and maybe that's the issue.
The Trucking Alliance - can you site a regulatory source for this, hair testing is a Non-DOT test and those are not reported to Clearinghouse.
Not yet they don't.. I haven't heard of a two labs being approved by DHHS and procedures in Part 40..
Drug Testing Program Manager, Trainer and Consultant, Volunteer services
4wHAIR TESTING? Is currently NOT a DOT Test