The landscape of drug testing for commercial vehicle operators is changing, and it could impact one of your most important job resources, your drug and alcohol testing history.
If you are a recreational user of drugs, or have used drugs for a legitimate reason but without a current prescription, your ability to get past the occasional drug test and maintain your CDL credentials may well be compromised by the implementation of new tests.
Passing the test
Since the FMCSA controlled substance testing rules were prescribed in the Omnibus Transportation Employee Testing Act in 1991, urinalysis has been the only approved testing method for drugs sanctioned by the DOT.
Unlike alcohol testing, however, urinalysis for drug testing is not indicative of impairment. Alcohol testing measures the percentage of alcohol present in the bloodstream and tables exist that equate the amount of alcohol in the system with the degree of impairment. That’s how the FMCSA can issue rules that a BAC of 0.02% gets the driver removed from duty for 24 hours while a BAC of 0.04% requires a suspension of a CDL until the driver has undergone treatment by a Substance Abuse Professional and has passed return-to-duty (RTD) testing.
Drug testing, in most cases, can’t measure impairment. The goal of drug testing is to identify use. Questions of how much was used, how long ago and how impaired the user was or is are unanswered. The goal is simply to get users out of the truck. But, urinalysis only goes back so far. Drug users can stop using just before changing jobs, for example.
How about hair?
Some members of the trucking industry have called for testing of hair samples to be included as an approved drug testing method. Hair testing detects drug use much farther in the past than urinalysis. Without legal authority, however, the FMCSA has prohibited test results from this method to be entered in the Drug and Alcohol Clearinghouse to be reported to other carriers considering employment of the driver. Some carriers are using hair testing anyway, seeking to improve the safety of their own organizations even if they aren’t allowed to share the results.
Hair testing gained some traction in 2015 with the passage of the Fixing America’s Surface Transportation (FAST) Act, which required the Department of Housing and Human Services (HHS) to issue guidelines for the use of alternative testing methods, such as hair. It hasn’t happened.
Can fluid tests be a solution?
In May 2023, the FMCSA approved oral fluid testing for drug screening. This testing method detects drug use farther in the past than urinalysis, and its use eliminates some of the privacy concerns inherent with collection of urine specimens.
There was a catch, however.
Oral fluid testing couldn’t begin until at least two laboratories were identified to process the samples. Without testing guidelines from the DOT and from the Department of Housing and Human Services (HHS), no laboratory was approved. The industry is still waiting.
The current climate in Washington D.C., however, is more favorable to trucking than past administrations have been. Trump appointee as Secretary of Transportation, Sean Duffy, has made clear his intention to move forward on numerous issues that impact trucking. And the HHS published a proposal in the Federal Register in May that would change the requirements for approval of drug testing equipment and procedures. That’s crucial, because laboratories can’t be approved for oral fluid testing if they can’t obtain approved testing equipment.
While not every driver follows the legal maneuvering in Washinton, changes to the drug and alcohol testing regimen will impact all drivers. It’s important to understand the differences between testing methods and how each driver might be impacted.
One key difference between testing methods is detection time. Urinalysis generally detects the use of specific drugs within the past few days, with THC remaining detectable for 30-days or longer, depending on the amount used, frequency and potency. Oral fluid testing detects use within the past 24-48 hours. Hair testing can detect drug use 90-days or more after use. Clearly, hair testing is best at detecting drug use.
Hair testing doesn’t do as well at detecting recent drug use, however, since drug use may not show up in a hair sample for a week or longer. Oral fluid testing, on the other hand, is excellent at detecting recent use. Urinalysis falls somewhere in between the other two. For post-accident testing or tests conducted based on reasonable suspicion, oral fluid testing may be the best choice.
Collection of samples is an issue as well. Urine samples generally require privacy unless an “observed” test is mandated. The donor goes into a room or stall, closes the door and fills a container. That process provides an opportunity to introduce substances into the urine intended to defeat drug testing, or to substitute someone else’s urine or even artificial urine marketed for the purpose. There are also “shy bladder” issues, where the donor is unable to produce a specimen or provides one too small for testing. Hair and oral fluid testing don’t require the level of privacy and present fewer opportunities for deception, but issues can still exist. Donors who suffer from Alopecia Areata, for example, may not be able to produce a hair sample. Other conditions can result in dry mouth and difficulty producing saliva.
Given the nature of government, politics and the judicial system, hair and oral fluid testing could still be years away if they are ever approved for the trucking industry — or both could be fully implemented within months. It’s also important to note that lack of DOT approval doesn’t mean those methods can’t be used. Although a CDL can’t be suspended due to hair testing and the results can’t be passed on to another carrier the driver might apply to, carriers can still use the method in their hiring decisions.
The trucking industry is serious about keeping drug users from behind the wheel. Protect your record by understanding how the different tests work and avoiding use of substances that can stop a trucking career in its tracks.
Cliff Abbott is an experienced commercial vehicle driver and owner-operator who still holds a CDL in his home state of Alabama. In nearly 40 years in trucking, he’s been an instructor and trainer and has managed safety and recruiting operations for several carriers. Having never lost his love of the road, Cliff has written a book and hundreds of songs and has been writing for The Trucker for more than a decade.
