Cut to the chase

Dozens of truck drivers filed formal opposition to a request from the Trucking Alliance that would allow carriers to report hair testing results to FMCSA’s Drug and Alcohol Clearinghouse.

Some cited the invasive nature of the testing while others noted potential racial and religious discrimination.

In an Aug. 24 notice, the Trucking Alliance asked the FMCSA to amend the regulations by requiring carriers with knowledge of a positive hair test to report the results to the Drug and Alcohol Clearinghouse.

Urinalysis satisfies the current drug and alcohol testing requirements by the FMCSA. However, many large fleets require their employees to undergo both hair and urine testing. The Trucking Alliance has been advocating for industrywide use of hair testing for years.

The 2015 FAST Act requested that the U.S. Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration release guidelines on hair testing. In September 2020, the agency acknowledged the limitations of hair testing. For instance, the agency cited legal cases that “indicate an employment action taken on the basis of a positive hair test alone, without other corroborating evidence, may be vulnerable to legal challenge.”

FMCSA already told the Trucking Alliance that it does not have the authority to grant the request but still allowed the public 30 days to provide comments.

As of press time, about 80 comments had been filed. Many of the comments came from truck drivers who had concerns about the proposal.

“A positive DOT test is a career killer,” Phillip Wagner wrote. “Hair tests detect certain drugs for a longer amount of time. These mega companies pushing for this change can administer a hair test themselves as a precondition of employment and require more frequent random tests than the DOT. This proposed rule will push that cost onto the government, and as a result kill more careers or stop them from ever starting.”

Truck driver Elvis Kaiser said that hair testing is an invasive procedure.

“I disagree with this method of checking for prior drug use,” Kaiser wrote. “I once joined Knight Transportation. Their safety director … cut my hair. She was a short female. She pretty much pull(ed) my head off my shoulders and cut a very large plug of my hair out.

“Good drivers who don’t use controlled substances shouldn’t be subjected to this discomfort. Have science improve their urine testing procedures. You say there’s a shortage of Class 8 drivers, yet you want to subject people like me to this terrible method of testing. I tell you now, I won’t ever be subjected to this test ever again.”

Rajanpal Sandhu cited religious concerns over hair testing.

“This test is going to be against the belief in Sikh religion,” Sandhu wrote. “There (are) thousands of Sikh drivers in the trucking industry. Baptized Sikh are not allowed to cut their hairs. If they have to go through this, then they don’t have freedom to practice their religion.”

Midwest Dairy Transport said it has been using hair testing for six years.

“We fully support the efforts of the Trucking Alliance,” Midwest Dairy wrote. “For every positive urine test, there are eight or more positive hair tests. One individual applied to work here, was urine tested four times over the course of a year, passed all four urine but failed the hair tests. He was not hired. We have an obligation to use the most effective test methods to get to the truth of whether or not someone has a substance issue.”

OOIDA has been critical of the lack of evidence supporting the need for hair testing and also plans to oppose the request from the Trucking Alliance. LL