Federal Motor Carrier Safety Administration (FMCSA) announces that it has received an application from six large motor carriers to allow hair tests in lieu of urine tests for pre-employment drug testing of Commercial Driver’s License (CDL) holders. The six motor carriers currently conduct pre-employment urine testing that satisfies the Department of Transportation requirements under 49 CFR parts 40 and 382, and they conduct hair testing under their own authority. The application requests an exemption from 49 CFR 382.105 and 382.301 (urine pre-employment drug testing) and specific authorization for releasing and obtaining hair test results to comply with prospective employers requests for drug and alcohol violations on driver applicants (49 CFR 391.23).
If FMCSA grants the exemption, the carriers would conduct pre-employment hair tests only, rather than hair tests in addition to urine tests, and individuals with negative test results would be permitted to drive Commercial Motor Vehicles (CMVs) for the employer. Individuals testing positive would not be allowed to drive CMVs until the driver completes the return-to-duty process in 49 CFR part 40. In addition, the positive hair drug test results would be shared with prospective employers in response to safety-performance inquiries required by 49 CFR 391.23.
FMCSA is requesting public comments on this request for exemption by February 21, 2017.
You may view below a copy of the Federal Registry notice.