The exemption if granted from 49 CFR 382.105 and 382.301 and with specific authorization for release and obtaining the results from hair testing that would comply with 49 CFR 391.23, Investigation and Inquiries. The requesting parties also indicated that the adoption of this request would reduce their financial burden while not reducing the safety aspects related to testing for controlled substances. It is known the hair testing is high up on the agenda of the Department of Health and Human Services (HHS) but as of this date a final HHS Mandatory Guidelines have not been published. OTETA requires the Department to follow the HHS Mandatory Guidelines for scientific testing issues. The current testing is done in as passed into Public Law through the Omnibus Transportation Employee Testing Act (OTETA) of 1991 (Pub. These exemptions are required to be published in the Federal Register where the public has an opportunity to review and comment. Note that DOT posts all comments received, without change, to any personal information included in a comment.”įMCSA has the authority to grant exemption from certain Motor Carrier Safety Regulations (FMCSRs). E.T., Monday through Friday, except Federal holidays.Įach submission must include the Agency name and the docket number for this notice.
Parties wanting to submit comments on this petition should submit their comments by close of business February 21, 2017.Ĭomments may be submitted by one of several methods to the “Federal Docket Management System Number FMCSA–2017–0002 by any of the following methods: The applicants “believe their data ‘‘.demonstrates that hair analysis is a more reliable and comprehensive basis for ensuring detection of controlled substance use’’ and the exemption would enable these fleets to discontinue pre-employment urine testing.” The application request from these specific motor carriers is requesting an exemption of pre-employment urine based testing conducted in accordance with 49 CFR part 40 and would allow hair testing for pre-employment purposes only. (Dupree), and Maveric Transportation, LLC (Maverick). The application request was submitted by J.B. The announcement is requesting comments on this application request.
Original Post –In the Federal Register dated January 19, 2017, Federal Motor Carriers Administration (FMCSA) an application was received from five motor carriers requesting hair testing for pre-employment purposes.
Hair testing for Non-DOT employers and court-ordered testing is alive and well. So now we see what happens, this author does not expect to see hair testing approved for DOT testing anytime before 2022. Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration has published a final rule and the 60-day public comment period date has expired. 20, 2017 memorandum,” FMCSA said.Update December 2020: Hair drug testing is still being discussed for Federal Workplace testing and thereafter DOT drug testing. The latest delay “is necessary to provide the opportunity for further review and consideration of this new regulation, consistent with the Jan. However, when President Trump took office in January, he ordered a temporarily freeze on pending regulations, requiring FMCSA to delay the rule, most recently until May 22.
#January 5 2017 fmcsa regulations drivers#
In December, FMCSA announced the final rule that calls for new drivers seeking to obtain a commercial driver’s license to be required to show proficiency in both knowledge training and behind-the-wheel training.Īt that time, FMCSA said the rule would take effect in February, with a compliance deadline stretching until 2020. A preview of the document from John “Jack” Van Steenburg, FMCSA’s assistant administrator, was posted online late last week. The notice will be published in the Federal Register on May 23. The Federal Motor Carrier Safety Administration (FMCSA) said it is again delaying implementation of its final rule governing training standards for new truck drivers until June 5.
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