The Department of Health and Human Services (HHS) announced their proposed guidelines which would allow mandatory drug testing requirements for truck drivers to be fulfilled using hair testing.
Published on September 8th, the proposed guidelines would allow for fleets to use hair testing to satisfy their pre-employment and random drug testing requirements for truck drivers. But if a fleet elects to use hair testing, they must also submit a drug test using at least one other federally approved testing medium – either urine or spit.
According to HHS, the double-testing requirement was put in place for multiple reasons.
First, “the alternate specimen is used in the event that a donor is unable to provide a sufficient amount of hair for faith-based or medical reasons, or due to an insufficient amount or length of hair.”
Second, HHS is concerned that hair testing’s accuracy may be limited by “environmental contamination, the impact of natural hair color on drug incorporation, and the effects of hygiene and cosmetic hair treatments.” This concern is shared by ethics groups, civil right organizations, and people who have ever unintentionally walked past someone smoking illegal drugs.
And third, according to HHS, because of the “limitations of hair testing,” any actions taken based on hair testing alone “may be vulnerable to legal challenge.” If a positive hair test was paired with a test that has a lower rate of false positives, a court would be more likely to believe that a positive hair test report was accurate.
Because hair testing alone cannot be used to satisfy federal requirements without also submitting a second test, the regulation that large carriers have been hoping to push through for years has effectively been neutered. And they’re not happy.
“Sadly, the positive impact this rule could have had to make both highways and truckers safer will have to wait,” said ATA president and CEO Chris Spear. “ATA will be working again with Congress to fix what HHS has failed to do – its job.”
The proposed rule is still far from final however. HHS is asking for feedback from the public on the rule, which you can provide here.
Source: ttnews, truckinginfo, freightwaves
ata the biggest threat to truckers in the country. Their name should be the anti trucker association. If the hair test couldn’t fail you if you nearly walked by someone smoking pot I wouldn’t care about how it was done. I don’t smoke it I know people that do so for a job I would have to never see some family or friends? I mean if they smell like weed your going to get some of that smell transferred and these scumbags want you fired for that. While they do come in the boardroom.
Good doesn’t matter what people did 6 months prior to actually working. Hair test is trash!
Exactly. They trying to Target this group of people, and unfairly eliminate them.
Im sure it will only be a temporary setback for these people. More grease of the correct palms will get the ATA what it wants. A welcome setback imho
How is it that the ata get rules passed to favor themselves all the time when they are the bad actors.
I have never been able to understand who the ATA works for but it sure isn’t the truck driver.
They work for big business not u
AMERICAN TRUCKING ASSOCIATION, works for better trucking in America. like.. separate licensing, trucking companies screwing around with trucker heads. Keeping trucking executive house payments up to date, wanting 18 year old drivers with no education and just wanting the trucker to be dumb , stupid, and broke…who is Chris Spears..CEO? How many miles has he logged in an 18 wheeler? not ford 150.. I surely DO NOT want a suit and tie representing me.
I guess if ure bald they use pubic hair
Wear a wig let them pluck that.
Instead the police we should defund the FMCSA and ATA.
That’s right 100
I was refused a position that I really wanted because my hair is too short for a follicle test. As a Navy brat, I’ve had a crew cut since I was was olde enough to have hair…
I never considered hair down to my azz as a career booster… I DID however go out an buy my own truck…..screw’em.
I dont think that hair testing us a good idea. Im a retired substance abuse counselor and social worker. People can be drug free but the ingredients of former drug use still linger in the hair. Trucking could save a lot of people from relapse because they’re away from the negative environment they were in before trucking. Several of my former clients have become truck drivers and they are not only drug free but free from incarceration as well. I believe Urine testing is sufficient. Increase Urine testing frequency if you want and breathalyzer testing.
Well said and I agree 110% I know someone that was on drugs for 2 years and gave it up to drive a truck and that got him away from all the bad people that he was hanging around with they gave him a fresh start in life when sometimes he was even thinking about taking his life it doesn’t matter what you did three months ago it’s what you do today not what you did yesterday but what you did today and why aren’t they being more strict on people that can’t read English or speak English just does not make any sense and they talk about a driver shortage looks to me they just want to create more of a driver shortage and they don’t seem to care they want to make the road safer why aren’t they looking at all the things they really need to look at and put a stop to we need someone in there that was a truck driver at one time and really knows what’s going on out here on these roads but this is just my opinion
Question?? Do airline pilots get tested the same as truck drivers? it saddens me that all these regulations are enforced on commercial truck drivers that are out trying to make a living for their family. do they do the same with airline pilots? Also why don’t they mandate and test 90% of the general motorists that are on our highways..
Exactly!!! They are Targeting this industry
My name is Michael Dunlap I took a hair and urine test my hair test came back positive but I never use a drug a day in my life. I told myself this test is 100 percent wrong so I did a hair test on my own and paid one hundred dollars a few days later my test came back negative.what can I do to the company that report I test that was not right.what rights do I have to get this right. The company was Schneider international shame on you Schneider
Idk what you could do to Schneider but the hair test is not recognized by federal regulations from what I’ve been told so you can still find employment elsewhere.
Not me . I do nothing wrong. I’m going to give them a big foot hair I found . On a bush . In the woods. By a stream. With Big Paw Prints.
Yes do the hair samples and it’s done by the root not the hair and it can go back 10 or 25 years on the sample
Then why do they say your hair has to be certain length to do accurate test.
Make the general public have to met these same standards as what we’re subjected to, and a lot of this discriminatory bull***t would go away almost over night.
Make the general public have to met these same standards as what we’re subjected to, and a lot of this discriminatory crap would go away almost over night.
Sure will i thank every one that has a license and drives on the highway should be drug tested we would have a lot less people out on the roads a lot less and probably a lot less people doing drugs
Nair bath would hinder that process and 18 year olds is not the problem it’s CELL phones that are…Money moves the World we are just here for the ride.
Hair ,spit ,urine ,skin ,nails. next up bone marrow. Open surgery for organ samples .
Have you forgotten that sleep apnea we all developed. Those hideous fumigating chemical masks they swore would help us breath better and stop us from snoring. What’s next? Sperm counts and pregnancy tests ?
The truck drivers have so much power. If we all pull together, say no. Enough is enough. We are not doing it. Shut it down for four five days. Maybe they would get the point. We worked all though the Chinese virus. This is the thanks we get. Congress should be the one getting the drug and alcohol treatment. Listening the way they talk. And the stupid laws they in act. They make it a hundred times worse. Im all for safety. This is sabotage,to the trucking industry.
John Chapman.
Amen brother!!
I think there is too much room for error with hair testing. I am female but had a rude comment made by the nurse taking my hair sample becuz of how short my hair was accused me of trying to have hair cut just before test. I said lady I have wore my hair this way for years. I can show u a pic of me in 8th grade but ya know what take this job and shove it
As I dont need it that bad! And left the orientation.
I don’t know why it surprises me at all that it’s HHS pushing for the hair test for drivers. HHS and social services have been at the forefront to keep those on welfare from ever having to take a drug test while applying for or receiving tax payer dollars to stay home.
I don’t have an issue peeing into a cup at the whim of the DOT. I don’t even mind a hair test. But after years of driving and being on the road for a month or more at a time, I would have a problem of them telling me my hair is to short to test and given a refusal for that reason. I cut my hair short on the last hometime day I have, for one reason. I don’t have to worry about maintaining it for a professional appearance or having to wear a hat to cover the wild appearance.
Urine shows current use and in the case of marijuana, it will show for days. If you’re a daily user and quit thinking you’ll pass a drug screening, good luck, heavy use can stay in system for months.