{"id":2513,"date":"2020-09-28T18:07:44","date_gmt":"2020-09-28T18:07:44","guid":{"rendered":"https:\/\/quicktransportsolutions.com\/blog\/?p=2513"},"modified":"2020-09-28T18:07:46","modified_gmt":"2020-09-28T18:07:46","slug":"problems-with-the-new-hair-testing-proposal-for-truck-drivers","status":"publish","type":"post","link":"https:\/\/quicktransportsolutions.com\/blog\/problems-with-the-new-hair-testing-proposal-for-truck-drivers\/","title":{"rendered":"Problems with the New Hair Testing Proposal for Truck Drivers"},"content":{"rendered":"\n

Advocates of hair testing for truck drivers say that Health and Human Services\u2019 proposal could keep lifestyle drug users from getting behind the wheel of a big rig, but others say there are problems. The push for hair testing became stronger after an Amtrak train carrying Republican congressional members hit a refuse truck at a train crossing. Post-testing after the crash revealed the truck driver had been under the influence of marijuana and the pharmaceutical drug gabapentin. <\/p>\n\n\n\n

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Obviously, when congressional members are involved, there is\nlikely to be legislation. The proposal from HHS will allow hair testing to be\nused along side urine testing when ensuring truck drivers are compliant with federal\ndrug-testing requirements. The goal is to ensure safety-sensitive workers, such\nas truck drivers and those handling hazardous materials, are drug-free. <\/p>\n\n\n\n

Although many trucking companies today use hair testing, the\ntesting they use might not be up to federal standards. In those cases, trucking\ncompanies must pay twice to test. But there is something else at play here, and\nthat is the clearinghouse itself. Why? Because hair testing is not included in\nthe new federal\ndrug and alcohol clearinghouse<\/a>. <\/p>\n\n\n\n

The Industry Weighs In<\/strong><\/p>\n\n\n\n

Because hair testing is not included in the clearinghouse,\ntruck drivers who want to avoid hair tests can go apply to a fleet that does\nnot include it as part of its onboarding process. And those fleets that hire\nthem would have no way of knowing if they failed a hair test at another\ntrucking company. <\/p>\n\n\n\n

Unfortunately, not everyone is on board with the change. The\nproposal as it stands has\nbeen panned<\/a> by the American Trucking Associations (ATA) as \u201cweak\u201d and\n\u201cmisguided.\u201d While the ATA has in the past praised the moves the Trump admin\nhas made to remove regulations and tackle difficult environmental and labor\nissues, it strenuously disagrees with this one. <\/p>\n\n\n\n

Both the ATA and other trucking advocacy organizations\nconsider the proposed mandatory guidelines problematic. Under the rules,\nexecutive branch agencies and those they regulate will be mandated to collect\nand test a hair specimen as part of their comprehensive drug testing programs.\nThis includes both random and pre-employment testing. <\/p>\n\n\n\n

However, the mandate also states that a federal agency\nchoosing to test hair specimens must authorize collection and testing of at\nleast one other specimen type, such as urine or oral fluid, that is authorized\nunder the Mandatory Guidelines for Federal Workplace Drug Testing Programs.\nThis is a critical difference and could represent a big cost for trucking\ncompanies. <\/p>\n\n\n\n

HHS Replies to the Concerns<\/strong><\/p>\n\n\n\n

HHS, meanwhile, calls the two-test approach a method for\nprotecting health workers from issues identified as limits on hair testing and\nother legal problems. They go on to cite specific examples where employment\nactions were taken based on hair tests alone. Without other evidence to\ncorroborate the tests, they could be vulnerable to legal challenges. <\/p>\n\n\n\n

One thing to consider is that Congress has required HHS to\ndevelop the rule and they have done so because urine testing can be easily\ndefeated. Hair tests are much harder to fool. But here are other problems at\nplay here. The proposal only allows the use of hair testing to identify\nnegative tests. In this way, all positive tests must be confirmed using the\nsystem Congress says is deficient!<\/p>\n\n\n\n

Hair testing has a longer detection window, so it makes it a\nsuperior method for detecting those who take drugs recreationally or as a\nlifestyle. The problem is when you require a second test to validate the hair\ntest, it eliminates the benefit of hair testing in the first place. Most in the\nindustry are concerned about the requirement to have an alternate specimen\nready in the event of a failure. <\/p>\n\n\n\n

Trucking Companies are Skeptical<\/strong><\/p>\n\n\n\n

Motor carriers already using hair testing in addition to\ntheir normal DOT drug testing programs would find themselves burdened with an\nextra test and potential test discrepancies if the urine test comes up negative\nwhile the hair test came up positive. Never mind the fact that trucking\ncompanies already suffer under a heavy regulatory burden.<\/p>\n\n\n\n

Many consider these new guidelines a de facto proposal to\nforce them to use hair tests in employment decisions. What kind of impact might\nthis have on the operational or financial performance of the companies who are\nbeing forced to do it?<\/p>\n\n\n\n

Still, even though this is being met with healthy skepticism, hair testing can be as much as five times as effective in identifying drug users because of its longer window of detection. As a result, this will have a significant impact on carriers\u2019 ability to keep drug users out from behind the wheel of their trucks.<\/p>\n\n\n\n

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Critics do note that hair tests can have a high rate of\nfalse positives due to certain drugs being absorbed into hair from the\nenvironment. This is especially true for marijuana smoke. Truck drivers could\nbe penalized for simply being in the presence of such smoke without actively\npartaking in it. <\/p>\n\n\n\n

Safety Groups Have an Opinion<\/strong><\/p>\n\n\n\n

Other industry advocacy groups are weighing in, including\nsafety groups such as the Alliance for Driver Safety and Security, otherwise\nknown as The Trucking Alliance. This group has long advocated for hair testing\nother safety-related technologies and policies. In highlighting their support\nfor this mandate, they point to research that shows that over 300,000 truckers\nare operating impaired at any given moment. <\/p>\n\n\n\n

Completed by the University of Central Arkansas, the study\ncompared pass\/fail rates or urine and hair drug screens using just over 151,000\npre-employment tests. It found, that out of the fifteen trucking companies it\nsurveyed, only 0.6% failed the urine tests, while 8.5% failed the hair test.\nThat is a huge discrepancy. <\/p>\n\n\n\n

Safety groups also dispute the concerns made by skeptical\nfleets, pointing to high success rates and low overall rates of false positives\nwhen it comes to hair testing. Those involved in the University of Arkansas\nresearch study content that if testing is done properly, the results are\ngenerally spot on and are reliable. <\/p>\n\n\n\n

Still, the word is not yet final. In their proposal, HHS\nsaid that they said they were \u201crequesting comments, including support from\nrecent peer-reviewed scientific literature, on advances in the science of hair\ntesting that adequately address these limitations and elucidate the extent to\nwhich hair color, external contamination and other factors (e.g., hair\ntreatments, hygiene) will affect hair tests and the interpretation of hair drug\ntest results.\u201d<\/p>\n\n\n\n

HHS is trying to put forward that they are all for\nscientific debate on the topic. They still contend that hair testing works and\nshould be enforced. Now, trucking companies must wait to see how this all plays\nout. Many are asking themselves what is next.<\/p>\n\n\n\n

Looking Ahead on Hair Testing<\/strong><\/p>\n\n\n\n

This process has not been easy. In fact, according to HHS,\nthey have been working on this topic for the better part of two decades. They\nstill have some ways to go, however, before they finalize the rule. They are\ngiving motor carriers and other interested parties the ability to comment on\nthe proposal before it is finalized. <\/p>\n\n\n\n

They also state they are open to making significant changes\nonce they have received feedback. Once the process is complete, the DOT will go\nthrough the standard rulemaking process to allow motor carriers to begin\nutilizing hair testing. The industry should expect to see this process play out\nover the next couple of years. <\/p>\n\n\n\n

But don\u2019t expect those who are unhappy with the rule to go quietly into the night. The ATA and Trucking Alliance seem to be willing to appeal to Congress for an alternative solution. In its statement on the issue, the ATA said in closing that they will be \u201cworking again with Congress to fix what the HHS has failed to do \u2013 its job.\u201d <\/p>\n\n\n\n

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The Trucking Alliance came out with a similar statement,\nspecifically mentioning that Congress must step in to ensure hair tests appear\nin the Drug and Alcohol Clearinghouse. Without this, most employers will not\nknow if a truck driver previously failed a hair test. The system as it is right\nnow is too byzantine, claim these industry advocates. Will this feeling be\nreflected in the final rulemaking process? At this point only time will tell. <\/p>\n","protected":false},"excerpt":{"rendered":"

Advocates of hair testing for truck drivers say that Health and Human Services\u2019 proposal could keep lifestyle drug users from getting behind the wheel of a big rig, but others say there are problems. The push for hair testing became stronger after an Amtrak train carrying Republican congressional members hit a refuse truck at a … Read moreProblems with the New Hair Testing Proposal for Truck Drivers<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-2513","post","type-post","status-publish","format-standard","hentry","category-trucking"],"yoast_head":"\nProblems with the New Hair Testing Proposal for Truck Drivers - Quick Transport Solutions Trucking Blog<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/quicktransportsolutions.com\/blog\/problems-with-the-new-hair-testing-proposal-for-truck-drivers\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Problems with the New Hair Testing Proposal for Truck Drivers - Quick Transport Solutions Trucking Blog\" \/>\n<meta property=\"og:description\" content=\"Advocates of hair testing for truck drivers say that Health and Human Services\u2019 proposal could keep lifestyle drug users from getting behind the wheel of a big rig, but others say there are problems. 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