Drug Free Commercial Driver Act of 2015

Bill: 114-s-806
Sponsor: Sen. Boozman, John [R-AR]
Introduced: 2015-03-19 in the Senate
Policy area: Transportation and Public Works
Subjects: Administrative law and regulatory procedures
Congressional oversight
Department of Transportation
Drug safety, medical device, and laboratory regulation
Drug, alcohol, tobacco use
Employee hiring
Motor carriers
Personnel records
Transportation employees
Transportation safety and security

Summary:
action_date: 2015-03-19
text: 

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 individuals, but only for preemployment testing and random testing. 
 
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 the Administrator, in evaluating an application for such exemption, to determine if the applicant's testing program employs procedures and protections similar to those of fleets that have carried out hair testing programs for at least one year.
 
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.

action_date: 2016-03-28
text: 

Drug Free Commercial Driver Act of 2015 

 
 (Sec. 2) This bill 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. 
 
Motor carriers may use hair testing as an acceptable alternative to urinalysis for detecting use of controlled substances by individuals, but only for preemployment testing and random testing. 
 
The Department of Transportation shall 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.
 
(Sec. 3) A motor carrier that demonstrates it can carry out a hair testing program consistent with generally accepted industry standards may apply to the Federal Motor Carrier Safety Administration (FMCSA) for exemption from mandatory urinalysis testing. Requires the FMCSA, in evaluating an application for this exemption, to determine if the applicant's testing program employs procedures and protections similar to those of fleets that have carried out hair testing programs for at least one year.
 
 A testing program may not receive an exemption unless the testing laboratories: 
 
have obtained laboratory accreditation specific to hair testing from an accrediting body, compliant with international or other federal standards, such as the College of American Pathologists; and
 
utilize hair testing assays that have been cleared by the Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act.
 
 
Any motor carrier granted an exemption must submit records of all positive hair test results and test refusals to the national clearinghouse for records relating to alcohol and controlled substances testing of commercial motor vehicle operators.
 
(Sec. 4) The Department of Health and Human Services shall issue scientific and technical guidelines for hair testing as a method for detecting the use of controlled substances.


Legislative actions:
action_date: 2016-03-28
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 404.
action_date: 2016-03-28
text: Committee on Commerce, Science, and Transportation. Reported by Senator Thune under authority of the order of the Senate of 03/17/2016 with an amendment in the nature of a substitute. With written report No. 114-232.
action_date: 2016-03-28
text: Committee on Commerce, Science, and Transportation. Reported by Senator Thune under authority of the order of the Senate of 03/17/2016 with an amendment in the nature of a substitute. With written report No. 114-232.
action_date: 2015-05-20
text: Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2015-03-19
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.
action_date: 2015-03-19
text: Introduced in Senate