The FMCSA rejected an application from the Alliance for Driver Safety & Security, predominantly representing large trucking companies, on December 23. The request sought to allow positive hair follicle test results for drivers to be reported to the Drug & Alcohol Clearinghouse.
The agency turned down the application citing a technicality, stating that it lacks the statutory authority to approve such a request. This decision remained unchanged despite public comments made from August to October, with many respondents advocating strongly for the “actual knowledge” exemption that would permit hair test results in the Clearinghouse.
Furthermore, the federal Department of Health and Human Services is expected to make a determination this year on whether hair testing will be an acceptable screening method for reports submitted to government agencies, including the Clearinghouse, which was established in late 2019 following significant debate.
Schweitzer mentioned, “Once the final rules from Health and Human Services are released, I anticipate FMCSA will initiate rulemaking to adopt hair samples as a voluntary alternative to urine tests for drug use.” He added that while it may not become mandatory, it is likely to be allowed as an alternative amid requests from carriers.
Currently, only urinalysis results are accepted in the Clearinghouse, although the DOT has approved oral fluid testing as well. The effectiveness and fairness of hair testing have sparked numerous debates over the years, with major entities like the Trucking Alliance and the Owner-Operator Independent Drivers Association standing divided on the issue, supported by various studies on either side.
Many freight carriers have begun to use hair testing alongside DOT drug screenings, often eliminating driver candidates who fail these tests. They report that hair testing yields more accurate results, particularly for identifying long-term or habitual drug use. The Trucking Alliance argues that the prolonged detection window of hair testing is more reliable and that relying only on urinalysis has resulted in significant underreporting of serious drug use among truck drivers.
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However, critics of hair testing present a different viewpoint. Marijuana remains the predominant substance found in positive urine tests submitted to the Clearinghouse. In 2022, over 21,000 individuals tested positive for marijuana, compared to more than 5,500 for cocaine, the next most common substance.
With many prospective drivers already being affected by existing drug screenings, the current system is fulfilling its role while also exacerbating the shortage of available drivers.
