Machael Schaffer has reached the end of his time as a board member at the Department of Health and Human Services’ (HHS) Drug Testing Advisory Board. An expert in the field, he was previously the chief toxicologist at the Cook County Medical Examiner’s Office. And he claims that HHS is ramming through a change to drug testing policy for truck drivers with a “fatally flawed” process.
Truckers are required to undergo drug screening at multiple different times. They can be screened when they’re hired, as part of their medical certification, or randomly by their employer so that the carrier meets their federally-required minimum testing rate. Currently, the only acceptable method is urine analysis.
For the past few years however, American Trucking Association, the trade organization which represents most large carriers in the industry, has been advocating for hair testing to be allowed to fulfill federal requirements.
Advocates claim that hair testing would remove dangerous drivers from the road. Evidence shows that hair follicle testing has a much higher positive rate than urine testing. Since many large carriers already use hair testing in addition to urine testing, it would also save them money by negating the need for them to double-test.
Further, ATA-funded research has found that hair testing all commercial truck drivers would remove hundreds of thousands of drivers from the road. While questions have been raised as to the validity of the study, it seems likely that most of drivers to lose their jobs would be from non-ATA companies who haven’t been subjected to hair testing yet.
Opponents of hair testing have pointed out that it is notorious for false-positives. For example, hair that is exposed to cannabis smoke even for a brief time – like what might happen if someone walked by a person who was smoking – can return a positive result even months later. Civil rights organizations have long pointed out that hair testing is discriminatory since some types of hair can capture second-hand smoke and retain traces of drugs for longer than others.
Despite the policy having been rejected multiple times in the past, the federal government is bringing the issue forward again. The policy will likely be put forward for public comment in the Federal Register within the next few days.
During a DTAB meeting on the subject, Schaffer read aloud from a personal written statement.
“I want to go on the record today to address an issue which should be disturbing to every member of DTAB, and to the public at large,” said Schaffer according to Transport Topics. “That is, this fatally flawed process which was used to develop the hair-testing guidelines, which are about to be published in the Federal Register. The DTAB has been cut out of the process entirely.”
According to Schaffer, not one member of the advisory board has even seen – let alone been able to review – the proposal.
“Because of the unprecedented lack of transparency surrounding the drafting of these proposed guidelines, I urge [you] to change course and not publish the guidelines until they have undergone the necessary scientific review by the members of the drug testing advisory board,” Schaffer concluded.
This is a developing story.
Source: truckinginfo, ttnews, freightwaves, truckersreport
This is really starting to get under my skin! The whole purpose of testing is to keep people from working in “safety sensitive” jobs while under the influence. It’s not about what they do in his or her free time!. My personal example…I drove for a company for 3 years. I had to leave my job for about 6 months and I needed access to my 401k to finance my unemployment time. The only way for me to do this was to terminate my employment rather then just take a leave of absence. My manager practically begged me not to leave but understood why I had to go. I loved my job with this company and hated to leave. I was told that when I was ready, I would immediately be “rehired”although I would have to go through orientation again..6 months later, I was rehired. During orientation drug test, they did this hair follicle test. It had just came out. I knew nothing about this before but I was not worried as I don’t drink or do drugs. Well…I should have been worried because it came back positive. About 2 months into my “unemployment “ I twisted my ankle. As I did not have medical insurance at the time, I did not go see a doctor and dealt with the problem myself. My wife just had a baby and I took one of her pain pills that first day. That one pill showed up in my hair and gave me a positive result 4 months later. As I did not have a prescription for that pill, I was refused employment!. WTF! Talk about frustration. Something I did to help myself through a tough moment 4 months before I was to drive a truck prevented me from working. If I had gone to a doctor, he would have prescribed something for the pain I’m sure but because I handled it myself..I got screwed. What possible good did it do with this test? I have 20 years accident/incident free driving record yet I couldn’t be hired. This testing will not have a good outcome in any way except prevent some good drivers from employment.
So your comment is the test was accurate? I would be more concerned with false positives as the article implies.
To me, it shows that what you did away from the job (which is none of anybody’s business) can be held against you, even if it has no bearing on your job performance or ability to perform it as directed.
You’re a jerk! His comment is that you can be a responsible adult yet still have your career ruined by too much government regulation.
I sympathize with you friend. Thank goodness I started trucking in late 60s an drove every type of trucking a man could do. I drove for almost 50yrs. Back then trucking was fun and was day an night different. There were no drug tests then, but today is a different ballgame. The government has ruined trucking as they have everything else. I learned to maneuver a truck in a school parking lot and was a top driver for every company I rode for. I was actually told I was over experienced for a couple jobs. Be safe buddy.
I had an outpatient procedure May 11 and was prescribed oxy. I took maybe four or more over the course of 3-7 days. I had a hair follicle test a few days before I went to CDL training on 6/15, and again during company orientation at the end of July. Both urine and hair tests were clean. I live in a community where recreational MJ use is nearly ubiquitous so I am worried about something stupid happening with a random cloud of smoke blowing my way in the parking lot of Wally World, for example. I’m not interesting enough to use anything illegally (or legally like a CBD product if I think it’s going to screw up a test) and I seem to be kind of allergic to a variety of Rx painkillers so if I ever have an issue with a positive result the fault won’t lie with me, and hopefully there is a remedy for false positives because I would be squawking.
Subject medical professionals, enforcement officials, Federal employees, political appointees, and elected officials to the same testing standards, requirements and frequency as truck drivers. If those imposing these requirements on us, also had to live by them, they would melt away like hot butter on bread.
Amen.
Delbert. Did they do a SECOND test to confirm? Are you a heavy guy.. overweight?
That one pill should have been long gone after 90 days tops I believe.
Not with hair testing, it stays in hair a long time. Gee let’s do bone marrow testing where it will detect anything you took in your lifetime……………
There’s already a driver shortage, lets make it worse. Morons!
There is no driver shortage. Only a shortage of those not willing to work for a quarter a mile anymore. The ATA can pound sand.
I agree completely, nothing like making the shortage worse – IDIOTS!
But I DO like the idea put forth earlier in this post about and that is to Subject medical professionals, enforcement officials, Federal employees, political appointees, and elected officials to the same testing standards, requirements and frequency as truck drivers. If those imposing these requirements on us, also had to live by them, they would melt away like hot butter on bread.
It is NOBODYS BUSINESS what I do on MY FREE TIME, period!!! It is a RIDICULOUS standard and expectation to not be allowed any, not even trace amounts, of Marijuana in the blood! ITS NOT like a person is smoking out prior to or while driving, THAT IS JUST NOT THE CASE!!!
It’s all a power grab by the big companies. They are looking for a way to get rid of all the independents they been trying to get rid of us for years. Now if they get this it will do the trucking industry in there will be over 200k drivers out of a job.
Everyone will be out of a job in five years anyways…
I lift weights daily and body shave. So i guess they are screwed or i could be screwed.
Keep shaving buddy!
eyebrows?
Who needs em, you’ll look more intimidating to boot.
Steve is so right! Power grab by big companies. They don’t give a rat’s behind about anyone but themselves! More so-called useless eaters to be exterminated by the One World Government! Coming to your neighborhood soon
Al these is confusion and luck of freedom to work in a environment that respects the employee individual choices while ensuring laws are followed.
false positives are real! I went to the hospital once and I had 3 broken ribs. I needed something for pain. they urine tested me first cause they were giving me a narcotic. I tested positive for methamphetamine. It was a false positive bc I had a bad cold at the time and was taking dayquil. thats the only thing it could’ve been. I was a skeptic of false positives before but now I’m a believer!! These tests should be outlawed. This could easily ruin someone’s career. Thank God the emergency physician could see the truth beyond the results of the test.
A false positive happened to me. A neighbor got fluid on her lungs and needed help at her house. Being a good neighbor, I went over to make them dinner and clean up a little bit. I knew they were users, but hey, not my business. They were good people and I dont really care what they do in their own house. Went in for a hair test when I was looking for my first trucking job, and tested positive. I dont use, but they were smoking. I didnt think anything of it, as being around smoke will not affect a urine test. Of course I didnt get the job, and even though my urine sample was clean, they treated me like a user and refused to listen to anything I had to say. Also, if you shave your body, they will put you out of work until you have hair to test.
Hair testing is an unfair intrusion on our right to not only enjoy our time off, it also makes it impossible to use a substance such as CBD to relieve back and other pain.
If the tests are not accurate and create false positives it should not be used at all.
Instead; develop a saliva test that can be used randomly while we are actually working.
What we do on our home time is not their business; especially when we take extended breaks and then risk job loss because of a testing method that is not proven fair and accurate.
Hope TTR provides comment link when it opens.
Having the opportunity to voice an opinion is less meaningful when no one is listening.
Most drivers are dangerous without drugs its not going to help most of you think you need to whip out in to the left lane without any safety concerns for other trucks or cars just because some idiot is peeing on the side of the road. Nobody especially truck drivers know what a yield sign means this wont change dangerous driving one bit.
That idiot could stumble right into the road. Seen it happen, ain’t taken no chance.
Generalize much Moe-ron?
So Mike is one of those drivers that hits the brakes at the end of an on-ramp. Stay off the big roads Mike.
Too many Americans do drugs, guess we need to import more drivers that can’t read their BOL or road signs
And bitch about the low pay.. but realistically they all work for each other and make more than the company drivers… Smdh
Just have to warn you people who are against regulations – this is not the type of regulation Trump talks about when he says “we’re cutting regulations.” Those regulations are the ones that protect you as a worker from exploitation by huge company’s like the big carriers. They couldn’t care less about your life, your pay, your freedom on your time off or the fact that companies like mine pay ZERO $ per hour for your time.
Concerts (not that we’ve had any lately) are notorious for drug use, and if I read this hair test correctly, attending a concert where I don’t smoke but am exposed to others who do, could show up on a hair test months later? Even though the amount of exposure at the time wasn’t enough to impair me, let alone several months later.
Seems kinda ridiculous to me.
Any testing should be limited to sniffing out activities in the immediate 24-ish hours prior to going on duty…..which I’m sure the urine test works well for.
Carriers are crying there is a driver shortage and now want to get rid of those dangerous drivers who test positive , if they are so dangerous wouldn’t it show in their behaviour on the road? Like Tammy said what we do on our own time is nobody’s business. With people now smoking weed everywhere studies show you could get a false positive by just being around the smoke. I guess they are forgetting some hairsprays had alcohol not sure if some still do but it gets absorbed into the hair. I’m just trying to do my job out there. With all these new rules they wonder why so many of us leave this industry.
Considering the fact that I keep my hair short enough that they had to shave my legs the one time I was hair follicle tested, and that my leg hair hasn’t fully regrown since that test, I don’t think I’m gonna be able to give a sample anytime soon. And since they consider inability to provide a sample to be a positive test… yeah, let’s just say I’m not a fan of hair follicle testing
Still glad I am retired
Me too!! I drove a truck for 25yrs. Never had a major accident no major incident s. These regulations have gotten out of control. Thanks to the politicians that have never been in a truck to see what a driver has to go through everyday. There’s always going to bad drivers it should be the carriers responsibility to weed out the bad ones. I have seen drivers that I would not let them drive my wheel barrel. Good luck
I am a woman with hair down to my waist and I went to a testing center and they literally took a half inch chunk from one area of my head. Imagine my shock, when I’m sitting there in that room and I’m looking at this big chunk of 3 foot long hair in her hands. It’s like what the hell.
A year later, I had to go back for testing again and I was against it based on my previous experience. This is a different testing center and they told me that the technician was lazy and are only supposed to take “whisk of hair”
The money in Trucking is not that good nor is it really as orderly as one would think with such requirements; now ones personal life is no more, already drivers live most of their life on the road, even die on the road; adding with no personal freedom and little to show for it in compensation to sacrifice….
Truck drivers, and all DOT regulated employment fields are subjected to whatever the Goverment agencies impose on them. This is nothing more than further invasion of our bodies. All a big money game. Funny how Bill Clinton, and Oboma admitted they smoked pot, yet they were not subject to continual drug testing. Who knows if they continued to get high when in office. Talk about endangering millions of life’s when they had the codes to nuclear weapons. Just an example of unfair practice towards the truck drivers. Until hair testing results can be improved to not show false positives, it should not mandated by the hypocrites in Washington.
Stop letting the government control your life. Take a stand against the government!
This ridiculously precarious proposed rule is a hypocrisy when you consider a Carrier is allowed to hire you and actually put you in a truck for 30 days before your background check is complete. Think about it.
Happened to me as well. I got hurt on the job working for a big carrier. Doc suggested back surgery I refused bc I was in my 30’s. The doctor referred me to a pain specialist and he gave me a prescription for pain killers. Never took them at work. Took one or two after I got off. Got urine tested 3 weeks after. Provided employer with the bottle from the pharmacy And lost my job. Been driving for almost 20 years and never had an accident or incident. Was one of the top drivers for the company for years. It’s bs and imposing on our rights and our freedoms. We as drivers need protection from the government and their so called regulations. This country is built and was founded on truck drivers. Everything in every home in America was on a truck at one time
This is about as reliable as the bogus covid-19 testing program,it sounds like. The lobby pushing autonomous trucks would sure like to paint a picture of all truckers being dopers of a colossal magnitude. Push that out there into the public group think for total support of autonomous trucking agenda.
They want to take unsafe drivers off the road start with the drivers who don’t read, write or speak English. I thought communication in this industry was essential. Hmm?
I’ve had a class A for 29 years, I drove truck for 35 years (since I’m 15 yo.) I quit smoking weed 13 years ago last month. I quit at 37 yo, started smoking at 12 yo. Prior to quitting, I drove and smoked. I smoked all day, every day. I never had an accident, never had a freight claim, never late! I enjoyed smoking! Only quit because of drug testing. 25 years of smoking, clearly I have friends and family that smoke. I’m around people smoking often. Sometimes in a cloud. I can affirm second hand smoke doesn’t give me a positive URINE test result. I was in a garage for hours, helping a friend fix his truck, while my friends were smoking the whole time. the next day I was sent for a random. I passed! Once I went with a friend in his car while he was smoking. I got a call for a random. He drove me straight there, and I passed.
With this hair testing apparently I need to move out of my house, and get all new friends. I guess big brother wants me get a life, with friends they approve of. I’ll be punished for something I didn’t do! I foresee a class action lawsuit, but I’ll have to flip burgers until it’s settled. Drug test clearinghouse……………. This really is over the top BS!
Then again, maybe it’s a good reason to remove marijuana from drug testing finally!
This is again an artifact of “Safety Culture” running amok. It doesn’t matter if the flawed procedures pushed through by the hand-wringers might destroy someone’s career.
What matters is that they feel good (or less bad) that “””something””” is being done. This is a fatal flaw with the behavioral Left, who are clearly in power right now.
Agree agree and agree about testing politicians, its feel good politics, and wont improve safety. Here’s another thought about how clueless the FMCSA is. The FMCSA says we dont need any special protection when driving or ld/unld in rioting areas. Their answer is we can phone for help. WTH ?
You would think that those drivers that survive the false positives along with all the other hoops we got to jump through would be candidates for more pay.
Likely not.
Its becoming increasingly clear that the sole purpose of the US government is to gain ever more control over the people that it was originally established to protect.
We are all just cogs in the machine now.
One more potential regulation that will do nothing (or little) for safety! What about the motoring public, who statistically cause 90% of the auto/truck collisions, of which many were DUI?
Just another demonstration of FMCA’s (FMCSA) proficiency of incompetence and negligence! The FMCSA and DOT should be refunded and abolished, it not at least totally rebooted!
Sweet for clean drivers and I hope they bump the pay too😎
All losers out the window buahaha
I was off the road, on ST disability for 5 months following disk replacements in my neck. I came back to work with doctors notes, and a list of prescriptions I had taken while off. I hadn’t taken any narcotic pain meds for a month before returning. They let me drive after the follicle test, but put me on dispatch hold upon getting the results. I was at a receiver and couldn’t even drive the truck to a truck stop.
I’m a tanker driver. The products I haul are MMA Methyl Meth Acrylate, MEK METYL Ethyl Ketone, Cyclohexane,
In case you’re not up to speed on Chemistry, these products are found in Drug Manufacturing, legal and Ilegal.
Every Tanker Driver could be removed from driving!
They also have not discussed DNA testing from the hair samples. Excess samples are sold, COMPANY PROFITS. This info is used to identify health risks in the workforce, especially for insurance purposes. The company could then see you have a marker for diabetes, and check that against your DOT Physical Long Form responses.
We Need To Fight The ATA!