Great Lakes Wire

The Department of Health and Human Services (DHHS) is set to release new guidelines for hair drug testing in May 2025. These guidelines, which have faced delays, will impact the Federal Motor Carrier Safety Administration and other federal agencies. Concerns have been raised about the requirement for both hair and urine samples, as they may produce conflicting results due to their differing detection periods.

The Owner-Operator Independent Drivers Association has expressed concerns that mandatory hair testing could lead to discrimination claims against employers. They highlight potential medical or religious objections from drivers regarding hair tests. Despite these concerns, hair testing is considered a safer option. In 2021, out of 88,000 CDL holders who underwent both tests, only over 400 tested positive through urine tests compared to 4,000 through hair tests.

In June 2023, the Department of Transportation (DOT) approved oral fluid testing. However, no labs have been certified by DHHS yet, making this option unavailable until at least two labs receive certification. Oral fluid tests are seen as less intrusive and harder to cheat on than urine tests. They also offer cost savings for employers.

The DOT has invited public comments on this issue with a cutoff date of January 8, 2025. A resolution date has not been set.