Drug Free Commercial Driver Act of 2013

Bill: 113-s-1625
Sponsor: full_name: Sen. Pryor, Mark L. [D-AR]
Introduced: 2013-10-30
Policy area: Transportation and Public Works
Subjects: Administrative law and regulatory procedures

Congressional oversight

Department of Transportation

Drug, alcohol, tobacco use

Employee hiring

Motor carriers

Personnel records

Transportation employees

Transportation safety and security
Latest action: action_date: 2013-10-30
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.

Summaries:
action_date: 2013-10-30
action_desc: Introduced in Senate
text: <p>Drug Free Commercial Driver Act of 2013 - 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. </p> <p>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).</p> <p>Requires the Secretary of Transportation (DOT) 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.</p> <p>Allows any motor carrier that demonstrates it has consistently carried out a generally applicable hair testing program during the most recent one-year period to apply to the Administrator of the Federal Motor Carrier Safety Administration for exemption from mandatory urinalysis testing.</p>

tv_txt: II 113th CONGRESS 1st Session S. 1625 IN THE SENATE OF THE UNITED STATES October 30, 2013 Mr. Pryor (for himself and Mr. Boozman ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL 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 2013 . 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); and (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. and inserting 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 if such method is also used for preemployment screening. ; and (2) in subsection (c)(2)— (A) in subparagraph (B), by striking and at the end; (B) in subparagraph (C), by inserting and after the semicolon; 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 has consistently carried out a generally applicable hair testing program to detect the use of a controlled substance by commercial motor vehicle operators during the most recent 1-year period, 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 amendments made by section 2. (b) 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 that subsection. 4. 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.