A new federal mandated rule that would implement a national driver database detailing drivers' history of failed or refused drug and alcohol tests has been approved by the White House's Office of Management and Budget (OMB) on January 27.
It now awaits final publication in the Federal Register where it would be published as a Notice of Proposed Rule Making (NPRM). We expect the NPRM to be published by mid-February and we will be providing members and clients an analysis of the proposed rule. This is just one of many steps that began about 15 years ago.
The motor carrier industry has asked for such a program since random drug testing truck drivers went into effect in 1980 for larger carriers and 1995 for all other carriers and owner-operators.
The main road block to the adoption of this clearinghouse database has been organized labor (Teamsters) and the American Civil Liberties Union (ACLU) that have almost single-handily kept the program at bay all these years. The ACLU is also opposed to hair follicle testing, claiming that hair shape, size, formation, etc., varies by race, sex, age, position on the scalp, hair color and texture, specifically noting that dark hair is more likely to test positive for a drug and additionally African-Americans are more likely to test positive than Caucasians.
The rule would establish a database of commercial drivers of vehicles in excess of 26,000 lbs. that have failed or refused to take a mandated DOT drug or alcohol test. The rule will also require motor carrier employers to upload and review such information during an interview or the hiring process.
There is a fatal flaw in this program as it is administered today, which allows drivers to jump from company to company or even more disturbingly, become an owner-operator and then jump from consortium to consortium allowing them to always stay ahead of the program's intent. This clearinghouse will hopefully put an end to this problem.
AADT , Rudy Navarrete
