Development of Hair Testing Guidelines for Drug Abuse Authorized

DATIA article, published on December 8, 2015

On Dec. 4, 2015, Congress passed H.R. 22, an act to authorize funds for federal-aid highways, highway safety programs, and transit programs, and for other purposes.

Specifically, hair testing has been authorized in conducting pre-employment testing for use of a controlled substance, random testing for the use of a controlled substance if the operator was subject to hair testing for pre-employment testing. It is important to note that this is an initial authorization for hair testing but regulations and guidelines still need to be established by the Department of Health and Human Services (HHS). In fact, no later than 1 year after the date of enactment, HHS shall issue scientific and technical guidelines for hair testing as a method of detecting the use of a controlled substance for the purpose of section 31306 of title 49, United States Code.

SEC. 5402. DRUG-FREE COMMERCIAL DRIVERS.

(a) IN GENERAL.—Section 31306 of title 49, United States Code, is amended—

(1) in subsection (b)(1)—

(A) by redesignating subparagraph (B) as subparagraph (C);

(B) in subparagraph (A) by striking ‘‘The regulations shall permit such motor carriers to conduct preemployment testing of such employees for the use of alcohol.’’; and

(C) by inserting after subparagraph (A) the following:

 “(B) The regulations prescribed under subparagraph (A) shall permit motor carriers—

“(i) to conduct preemployment testing of commercial motor vehicle operators for the use of alcohol; and

“(ii) to use hair testing as an acceptable alternative to urine testing—

        “(I) in conducting preemployment testing for the use of a controlled substance; and

“(II) in conducting random testing for the use of a controlled substance if the operator was subject to hair testing for preemployment testing.”;

(2) in subsection (b)(2)—

(A) in subparagraph (A) by striking “and” at the end;

(B) in subparagraph (B) by striking the period at the end and inserting “; and”; and

(C) by adding at the end the following:

 “(C) shall provide an exemption from hair testing for commercial motor vehicle operators with established religious beliefs that prohibit the cutting or removal of hair.”; and

(3) in subsection (c)(2)—

(A) in the matter preceding subparagraph (A) by inserting “for urine testing, and technical guidelines for hair testing,” before “including mandatory guidelines”;

(B) in subparagraph (B) by striking “and” at the end;

(C) in subparagraph (C) by inserting “and” after the semicolon; and

(D) by adding at the end the following:

 “(D) laboratory protocols and cut-off levels for hair testing to detect the use of a controlled substance;”.

(b) GUIDELINES.—Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall issue scientific and technical guidelines for hair testing as a method of detecting the use of a controlled substance for purposes of section 31306 of title 49, United States Code.

Please see full legislation, including text above, starting on page 236 sections 5402-5404.

Once the final scientific and technical guidelines have been established and hair testing has been approved for federal programs, DATIA will notify its members. Should you have any questions or comments, please contact us!