Whatever the political headlines of the day, federal agencies continue to add new trucking regulations, adopt new forms, and extend or discontinue previous waivers and exemptions. In this series, “Trucking Things to Know Now,” PrePass provides quick updates on regulatory developments, often with links to more information.
Is Hair Testing Truckers Still Alive?
Speaking at the Truckload Carriers Association meeting in Orlando, Florida earlier this month, FMCSA Administrator Robin Hutcheson said the U.S. Department of Health and Human Services (HHS) is still considering hair testing for drugs. HHS will make the “revised proposed guidance” available for public viewing by summer of this year.
Department of Transportation agencies, such as FMCSA, must follow the drug and alcohol testing protocols issued by the Substance Abuse and Mental Health Services Administration (SAMHSA), an HHS agency. So far, SAMHSA accepts hair tests only when confirmed by a urinalysis test. Previously, the agency raised concerns that certain natural hair colors more readily retain evidence of past drug use.
Closing a Drug Testing Loophole
Administrator Hutcheson also announced closing a loophole in the FMCSA’s Drug and Alcohol Clearinghouse. Currently, it is possible that a commercial driver can have a drug violation reported between the time of a pre-employment query and the annual clearinghouse query later made by the new company. FMCSA recently made updates to the clearinghouse system which will trigger an email to the new employer any time a driver’s clearinghouse information changes. Watch for an upcoming PrePass blog on the details.
FMCSA Extends Broker Rulemakings Comment Periods
The Federal Motor Carrier Safety Administration (FMCSA) has extended the public comment periods on two broker-related regulation proposals:
- The rulemaking on the financial responsibility requirements of brokers and freight forwarders. (Also, read the PrePass blog “FMCSA Proposes New Freight Broker and Freight Forwarder Financial Rules.”)
- The rulemaking on the definitions of “broker” and “bona fide agent.”
The comment period for both rulemakings was March 6 but will now close April 6, 2023. FMCSA made these changes to accommodate a public listening session on March 31, from 10:00 to 11:00 am ET, at the Mid-America Truck Show in Louisville, Kentucky. Attendees should preregister using this link: https://www.eventbrite.com/e/fmcsa-session-2-broker-regulatory-session-tickets-549535173497.
Read previous installments of “Trucking Things to Know Now: Federal Regulatory Updates.”
The PrePass blog and podcasts are published as a public service of PrePass®, the most reliable and technologically advanced weigh station bypass and integrated electronic trucking toll payment platform in North America. PrePass also includes INFORM™ Safety and INFORM™ Tolling software for improving truck safety scores and lowering toll costs.