U.S. Legislative News

Senate Passes Opioid Bill with Hair Testing Requirements

On September 17, the Senate overwhelmingly approved legislation aimed at combating the nation’s opioid crisis. Included in this bill is a provision requiring the Department of Health and Human Services (HHS) to provide an explanation for a nearly two-year delay in issuing mandatory federal hair testing guidelines to detect illegal substance use by safety-sensitive transportation employees such as truck drivers.

The bill was first introduced last May by Senate Commerce Committee Chairman John Thune (R-S.D.). The bill would also require HHS to report progress on hair testing within 30 days of passage and outline a schedule, including benchmarks, for completion of hair testing guidelines. Additionally, it calls on HHS to issue federal oral fluid testing guidelines by December 31, to study the possibility of adding a federal drug testing panel for the opiate drug fentanyl and expand drug testing requirements for certain rail employees.

“We thank Senator Thune and his staff for their continued persistence and commitment on this issue of hair testing,” said Bill Sullivan, the American Trucking Associations’ Executive Vice President of Advocacy. “Our fleets need to depend on - and need the government to recognize - the most accurate, reliable and failsafe drug testing methods available. The time has come to get this done.”

Federal law requires trucking companies to drug test new drivers and randomly test existing drivers. Currently, the Substance Abuse and Mental Health Services Administration (SAMHSA) only recognizes the test method of urinalysis, despite the documented advantages of hair testing, which provides employers with a longer detection window, easier collection and results that are harder to adulterate. The FAST Act required HHS to issue scientific and technical guidelines for hair testing by December 4, 2016 – a deadline long ignored by the agency.

The Senate must now reconcile its bill with a companion bill in the House before it can be signed into law by the president.

“Passage of this bill is one step closer to the president’s desk, and we are one step closer to providing much-needed assistance to those who need it the most,” Thune said in a statement.

 

FMCSA Extends Hours-of-Service Comment Period

On September 20, the Federal Motor Carrier Safety Administration (FMCSA) announced it would extend to October 10 the comment period for its advance notice of proposed rulemaking (ANPRM) regarding hours-of-service (HOS) regulations for drivers hauling property.

As outlined in the original August 23 notice, FMCSA is asking for feedback on four areas of concern: short-haul operations, adverse driving conditions, 30-minute rest breaks and splitting up rest breaks for drivers operating trucks with sleeper-berth compartments.

The original comment period was scheduled to end September 24. The agency said its decision to extend the comment period was in response to requests from numerous organizations.

“The organizations requested various lengths of time for the extension ranging from 30 to 60 days, stating that the additional time was needed to enable them to prepare more comprehensive responses based on research and information that has only recently been released or is expected to be released at upcoming industry meetings,” FMCSA’s notice states.

 

FMCSA Abolishes Waiver Requirement for Diabetic Truck Drivers

On September 18, the FMCSA announced a final rule that will allow certificated medical examiners to decide whether truck drivers with stable diabetes are qualified to drive, eliminating a requirement that the drivers seek an exemption from the agency before being allowed to operate commercial motor vehicles in interstate commerce.

“This final action delivers economic savings to affected drivers and our agency, and streamlines processes by eliminating unnecessary regulatory burdens and redundancy,” said FMCSA Administrator Raymond P. Martinez. “It’s a win-win for all parties involved.”

The agency estimates that eliminating the exemption process will save the nearly 5,000 individuals with diabetes that currently have exemptions more than $5 million per year compared to what they would be subjected to under the exemption program. The final rule will also save new exemption applicants and their associated motor carriers approximately $215,000 annually in opportunity and compliance costs related to the exemption program’s waiting period, FMCSA said in its announcement. Further, as an agency, FMCSA said it will save more than $1 million-per-year over the next three years in costs associated with administering the diabetes exemption program.