Gillson Trucking Inc

Big Trucking Companies Push for Hair Testing; FMCSA to Open Comment Period

Hair tests for drugs may soon be a federal requirement for the nation’s truck drivers. Several of the largest trucking companies in the U.S. have asked the Federal Motor Carrier Safety Administration (FMCSA) to require an exemption that, for the first time, would allow positive results gained through hair testing from random drivers and pre-employment candidates to be uploaded to the Drug and Alcohol Clearinghouse. The companies who pushed for hair testing are represented by the Washington D.C. lobbyist The Trucking Alliance. The Trucking Alliance counts members such as J.B. Hunt Transport, KnightSwift Transportation and U.S. Xpress. In a recent blog post on the Alliance’s website, statistics from the Insurance Institute for Highway Safety (IIHS) reveal that since the legalization of marijuana in states such as California, Nevada, and Colorado there has been a “5.8 percent increase in injury crash rates, while fatal crash rates spiked by 4.1 percent.” Lawyers for these companies have long contended that drivers consistently fall through the cracks of the current testing regimen and that “hundreds of thousands” of positive tests are never made available during the hiring system. The exemption would “amend the definition of actual knowledge to include the employer’s knowledge of a driver’s positive hair test, which would require such results be reported to the FMCSA Drug and Alcohol Clearinghouse and to inquiring carriers as required to comply” with federal regulations, according to the Trucking Alliance’s petition to the FMCSA. The group has always supported hair testing as part of federal regulations for interstate trucking. In August of 2020 the Alliance asked for an exemption for such testing. FMCSA has been hesitant to agree, citing jurisdiction over drug policy as the exclusive realm of the U.S Department of Health and Human Services (HHS). In accordance with FMCSA rules, the apparent change of policy comes with a Notice of Proposed Rulemaking and a comment period. “Although FMCSA lacks the statutory authority to grant the Trucking Alliance’s request for exemption until HHS has taken certain action, FMCSA requests public comment on the exemption application, as required by statute,” the agency stated on its website. Trucking analysts basically agree that to open this proposed rule change to stakeholders will bring a wealth of knowledge back to the FMCSA. If HHS intends to change the rules, there needs to be further scrutiny with final review by the Congressional Office of Management and Budget.

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Iowa Truck Driver Files Application with FMCSA to be Exempted from HOS Rules

An Iowa truck driver is claiming his constitutional rights are being violated by having to comply with federal hours-of-service (HOS) regulations. In his application for exemption to the Federal Motor Carrier Safety Administration (FMCSA), Ronnie Brown III further says the rules governing how long a driver can be on the road are not in line with “his natural sleep patterns.” The FMCSA is required to notify the public of Brown’s application for exemption and will publish it on the Federal Register.

Brown, who drives for Waterloo-based Gray Transportation, is seeking a fiveyear exemption from HOS rules. In particular, he objects to the following regulations: • 10-consecutive-hour off-duty time requirement. • 11-hour driving limit. • 14-hour “driving window.” • Limits of 60 hours in seven days and 70 hours in eight days. • ELD (electronic logging device) regulations.

In his application, Brown said, HOS is a “mechanism by the government to control my movements which I view as a violation of my constitutional right to free movement and my right as a human being to make my own choices in life as to my work habits.” “The Agency must provide the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted,” said the FMCSA in a statement. “The agency must also provide an opportunity for public comment on the request.” A 30-day window will be allowed for public comment. Legal analysts are skeptical as to whether the FMCSA will grant Brown’s exemption since he has not explained why he believes the exemption is needed and how he is affected by the rules. Not only that, but he has not answered how he would ensure a “level of safety that is equivalent to, or greater than, the level of safety that would be obtained by complying with the regulation.” Brown also said in his application, “The 60/70 rule prevents me from working as many days as I want to due to not enough hours per regulations. That controls how much money I can make in a week while out on the road. If I work more than that in a day, I will have to sit around in truck stops for 34 hours due to not being able to pick up hours.” Brown contends that his application is only for himself and does not involve any other truck drivers.