FMCSA Rejects Positive Hair Tests to be Reported to Clearinghouse

The Trucking Alliance advocated that DOT drug tests should include hair testing in addition to Urine tests, to be reported to Clearinghouse. They argued that it is the most “appropriate drug testing method for preemployment and random testing protocols.” The exemption they were seeking was to include knowledge of positive hair tests to be included in the definition of “actual knowledge” when reporting to FMCSA’s Clearing house. Currently, hair drug testing is not included in reporting to Clearinghouse. The Trucking Alliance wished to include this information in their reporting to Clearinghouse.

The Trucking alliance consists of the following motor carriers: Cargo Transporters, Dupre’ Logistics, LLC, Frozen Food Express, J.B. Hunt Transport, Inc, KLLM Transport Services, Knight Transportation, Maverick Transportation LLC, Schneider, Swift Transportation, USXpress, and May Trucking Company. They argued hair testing is more reliable than urine testing and it would lessen potential fraud in specimen collection.

FMCSA’s Current Position

The main argument is one of both safety and definition. Currently, only DOT urine tests are approved for drug testing. The Truckers Alliance want to include non-DOT drug testing information as knowledge when reporting to Clearinghouse. The current definition of “actual knowledge” is limited to the following:

“Employers have actual knowledge of prohibited use based any of the following events: they directly observe a driver using alcohol or controlled substances, they receive information provided by the driver’s previous employer(s), they are aware that a driver was issued a traffic citation for driving a commercial motor vehicle (CMV) while under the influence of alcohol or controlled substances, or the employee admits alcohol or controlled substance use, except as provided in 49 CFR 382.121. An employer’s direct observation of prohibited use does not include observation of employee behavior or physical characteristics sufficient to warrant reasonable suspicion testing under 49 CFR 382.207.”

federalregister.gov/d/2022-27849

Currently, the Trucking Alliance uses non-DOT hair testing, in addition to DOT urine testing. The FMCSA rejected the “exception application” and blocks information from non-DOT approved drug tests, specifically non-DOT hair testing from being “actual information”. So, for now positive hair drug tests are barred form being reported to clearinghouse.

What is Clearinghouse?

The Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse is an online database that provides a centralized location for commercial motor vehicle (CMV) drivers and their employers to report and check information related to drug and alcohol violations, as well as positive drug or alcohol test results. The FMCSA Clearinghouse is intended to help ensure that CMV drivers who are required to undergo drug and alcohol testing are not allowed to operate commercial vehicles if they have violated the regulations governing such testing.

The FMCSA Clearinghouse is required by federal law and is designed to improve safety on the nation’s highways by ensuring that CMV drivers who have a history of drug or alcohol abuse are not allowed to operate commercial vehicles. The Clearinghouse contains records of positive drug or alcohol test results, refusals to take a drug or alcohol test, and other violations of the federal regulations governing drug and alcohol testing. Employers are required to check the Clearinghouse before hiring a new driver or allowing a current driver to return to duty after a violation.

In addition to helping ensure the safety of the nation’s highways, the FMCSA Clearinghouse can also help protect the rights of CMV drivers by providing a centralized location where they can check their own records and ensure that the information contained in the Clearinghouse is accurate. Drivers can also use the Clearinghouse to challenge any inaccuracies or errors in their records.

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