Allowing Trucking Companies to Use Hair Testing for Drug Screens (S. 806)

What is S. 806?

(Updated March 15, 2018)

This bill would revise regulations that require motor carriers (i.e. trucking companies) to conduct testing for controlled substances or alcohol use by motor vehicle operators during pre-employment, reasonable suspicion, random, and post-accident screenings.

Motor carriers would be allowed to use hair testing as an acceptable alternative to urinalysis for detecting use of controlled substances by individuals, but only for pre-employment and random testing. Under current law, urinalysis is the only testing method available to be used in the commercial trucking industry.

The Secretary of Transportation would be required to develop requirements for laboratories and testing procedures for controlled substances, including mandatory guidelines that establish laboratory protocols and cut-off levels for hair testing to detect the use of such substances.

If a motor carrier shows that it can carry out a hair testing program that is consistent with generally accepted industry standards, it would be allowed to apply to the Administrator of the Federal Motor Carrier Safety Administration for exemption from mandatory urinalysis testing. The Administrator would need to determine if the applicant’s program is similar to those used by motor carriers who have had similar programs for at least one year.

The Secretary of Health and Human Services would be directed to issue scientific and technical guidelines for hair testing as a method for detecting the use of controlled substances.

Argument in favor

Hair testing is more effective than urinalysis because of its longer detection period, and allowing trucking companies to widely adopt it as a testing method would make the roads safer.

Argument opposed

While it may be more effective, hair testing is also more intrusive than urinalysis and doesn’t take into account recent lifestyle changes that the subject of the test has made. And no test is foolproof, so there will still be errors.

Impact

Employees of motor carriers, motor carriers, the HHS Secretary, the Administrator of the Federal Motor Carrier Safety Administration, the Secretary of Transportation, the Secretary of Health and Human Services.

Cost of S. 806

A CBO cost estimate is unavailable.

Additional Info

In-Depth: This bill’s sponsor, Sen. John Boozman (R-AR), believes its passage would aid in “preventing drug-users from operating trucks,” which in turn will improve road safety. He also noted that the existing testing regime is “duplicative,” as trucking companies would have to pay for two tests if they chose to use hair testing because urinalysis is mandatory regardless of other tests to be carried out.

During the 113th Congress, versions of this legislation were introduced in the House and Senate, but neither advanced out of their respective committees.

Of Note:

The primary advantage of hair testing is that it has a longer detection window than other methods of drug and alcohol screening, plus it is also easier to store, is more stable, and is easy to administer. But hair tests are typically expensive, and cannot detect alcohol use at all, nor can they detect drug use within the week prior to the test.

Media:

• Sponsoring Sen. John Boozman (R-AR) Press Release
• Arkansas News
• Transport Times
• The Trucking Alliance (In Favor)
• Drug Testing USA (Context)
  

Summary by Eric Revell
(Photo Credit: Flickr user Kolin Toney)