Drug Free Commercial Driver Act of 2015

To amend section 31306 of title 49, United States Code, to recognize hair as an alternative specimen for preemployment and random controlled substances testing of commercial motor vehicle drivers, and for other purposes. 1. Short title This Act may be cited as the Drug Free Commercial Driver Act of 2015 2. Authorization of hair testing as an acceptable procedure for preemployment and random controlled substance tests 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. (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; (ii) to use hair testing as an acceptable alternative to urinalysis— (I) in conducting preemployment screening for the use of a controlled substance; and (II) in conducting random screening for the use of a controlled substance for operators who were subject to hair testing for preemployment screening. ; and (2) in subsection (c)(2)— (A) in subparagraph (B), by striking and (B) in subparagraph (C), by adding and (C) 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; . 3. Exemption from mandatory urinalysis (a) In general Any motor carrier that demonstrates, to the satisfaction of the Administrator of the Federal Motor Carrier Safety Administration, that it can carry out an applicable hair testing program, consistent with generally accepted industry standards, to detect the use of a controlled substance by commercial motor vehicle operators, may apply to the Administrator for an exemption from the mandatory urinalysis testing requirements set forth in subpart C of part 382 of title 49, Code of Federal Regulations, until a final rule is issued implementing the requirements contained in the amendments made by section 2. (b) Testing requirements To be eligible for an exemption under subsection (a), the motor carrier’s testing program shall employ procedures and protections similar to a fleet that has carried out hair testing program for at least 12 months. The motor carrier’s program shall use a laboratory— (1) for which hair testing assays have been cleared by the Food and Drug Administration under section 510(k) of the Federal Food, Drug and Cosmetic Act ( 21 U.S.C. 360(k) (2) that has obtained laboratory accreditation for hair testing from the College of American Pathologists. (c) Reporting requirement Any motor carrier that is granted an exemption under subsection (a) shall submit records to the national clearinghouse established under section 31306a of title 49, United States Code, relating to all positive test results and test refusals from the hair testing program described in subsection (a). 4. Guidelines for hair testing 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, as amended by this Act. 5. Annual report to Congress The Secretary of Transportation shall submit an annual report to Congress that— (1) summarizes the results of preemployment and random drug testing using both hair testing and urinalysis; (2) evaluates the efficacy of each method; and (3) determines which method provides the most accurate means of detecting the use of controlled substances over time.

Summary: Drug Free Commercial Driver Act of 2015 Revises regulations that require motor carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing of commercial motor vehicle operators for controlled substances or alcohol. Allows motor carriers to use hair testing as an acceptable alternative to urinalysis for detecting use of controlled substances by an operator, but only for preemployment testing and random testing (but the latter only if the motor carrier tested the operator at preemployment using the same method). Requires the Secretary of Transportation to develop requirements for laboratories and testing procedures for controlled substances that include mandatory guidelines that establish, among other things, laboratory protocols and cut-off levels for hair testing to detect the use of such substances. Allows a motor carrier that demonstrates it can carry out a hair testing program consistent with generally accepted industry standards to apply to the Administrator of the Federal Motor Carrier Safety Administration for exemption from mandatory urinalysis testing. Requires a motor carrier's testing program, in order to be eligible for such exemption, to employ procedures and protections similar to a fleet that has carried out a hair testing program for at least 12 months. Directs the Secretary of Health and Human Services to issue scientific and technical guidelines for hair testing as a method for detecting the use of controlled substances.