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Government affairs
NO
‘CURE-ALL’
Drug & Alcohol
Clearinghouse reports
highlight needs but
offer few solutions
By Cliff Abbott
When it comes to Congressional action, movement is
often excruciatingly slow.
“Unfortunately, it is rather stagnant up there” is
a comment that could have come from a variety of
sources regarding any number of issues awaiting resolution
on Capitol Hill.
In this case, the comment comes from David Heller, senior
vice president of safety and government affairs for the
Truckload Carriers Association (TCA), and the topic is drug
and alcohol testing for commercial drivers.
The admission of oral fluid and hair follicle testing are two
issues that concern Heller. He was involved in the implementation
of last year’s oral fluid testing rulemaking by the
Federal Motor Carrier Safety Administration (FMCSA) and
the addition of hair follicle testing to programs approved by
the U.S. Department of Transportation (DOT).
“Certainly, oral fluid testing would be a win-win for the
industry,” Heller said. “We have a rule that went into place in
June, but we still don’t have two laboratories that have been
certified to move forward on this testing mechanism.
“We as an industry continue to wait on government interaction,
and it’s just not happening,” he continued.
Through conversations with TCA membership, Heller has
found that increasing numbers of motor carriers are using
hair follicle testing for controlled substances.
“I think you’re starting to see hair follicle testing trickled
down to mid-sized carriers because of the success that
large carriers have had in implementing this type of program,”
he said.
Yet another leadership change at the FMCSA hasn’t improved
the situation, according to Heller. Acting Administrator
Robin Hutcheson left the agency in January and was
replaced by Executive Director and Chief Safety Officer Sue
Lawless, who addressed TCA members during the association’s
annual convention in March.
In December 2023, the FMCSA’s Drug & Alcohol Clearinghouse
completed its fourth year of operations. Monthly reports
show the total number of Clearinghouse queries, both full and
limited, has grown each year of the program’s existence.
In 2023, a total of 7,134,622 Clearinghouse queries were
conducted. Of those queries, 2,701,444 were full inquiries
for pre-employment purposes. Pre-employment queries
grew by 4.8% from 2022 levels and total queries by 2.7%.
Also rising were the number of drug violations reported.
In 2023, a total of 68,229 violations were reported, representing
a new high. In an interesting twist, however, the
number of positive drug screens actually declined by 5.4%,
down from 57,597 in 2022 to 54,464 in 2023. This is an indication
that increased numbers of specimens were positive
for more than one controlled substance.
While it may seem strange that positive test results declined
while overall violations increased, the difference lies
in the number of test refusals.
In 2023, 12,804 driver refusals to test were reported.
That’s 18% of the year’s total violations. Each year from
2020-2022, the refusal to test rate hovered around 12%.
When only random drug tests are considered, the number
of refusals in 2023 climbed to 21% of all reported violations.
Sponsored by SCALE FUNDING / GETSCALEFUNDING.com / 800.707.4845
6 Truckload Authority | www.Truckload.org TCA MAY/JUNE 2024