Shocking Investigation Prompts Crackdown on Alcohol, Drug-Using Truckers; Findings Reveal Truck Driv

WASHINGTON, D.C. – Calling the investigation findings “disturbing,” officials from the U.S. Department of Transportation are poised to crackdown on commercial truck drivers who test positive for drugs or alcohol, Minn. Congressman and Transportation Committee Chairman Jim Oberstar said Wednesday.

A report was released revealing gross loopholes in testing for motor vehicle drivers, and the Department of Transportation has pledged to toughen its regulations and test all drivers consistently.

DOT officials plan to make a national registry of drivers’ alcohol and drug testing results to prevent drivers who test positive from crossing state borders and applying for a new license.

In his statement, Congressman Oberstar cited a 2007 FOX 9 investigation into serious violations occurring at drug and alcohol testing facilities. The FOX 9 report prompted a DOT and Government Accountability Office (GAO) investigation into the gross deficiencies taking place with current drug and alcohol testing programs. At that time, drug and alcohol testing did not ensure that offending drivers were pulled off the roads.

The Findings

GAO’s report found that many truck drivers are not even being tested for drugs. According to the Federal Motor Carrier Safety Administration’s compliance reviews, 9 percent of motor vehicle carriers had no drug testing program in place at all. Those carriers still received a “safe” designation—while lacking a drug testing requirement for drivers.

It is also too easy for using drivers to escape detention by subverting a drug test. The GAO undercover investigation uncovered serious rule violations in drug testing facilities. In 22 of 24 facilities, protocols were not followed to substantially prevent a driver from cheating on a test.

In almost one-half of the facilities, the undercover agents undergoing the test were not asked to empty their pockets, which allowed them to bring in adulterants and synthetic urine. And at three-fourths of the locations, other substances like soap and cleaning products were available which could cause the test results to be altered.

As part of their undercover work, GAO agents submitted a variety of adulterated urine samples—store-bought “tricks” used solely for the purpose of beating a drug test—and not a single one was caught by the labs.

The committee subpoenaed 5 years of drug test results from a drug-testing company in Texas. During that time period, the records reveal that almost 700 drivers failed a drug test with one employer, and then were hired by a new employer. In many cases, the drivers were hired just weeks after their failed drug test, evidently keeping the results from their second employers. This process is called “job hopping.”

The Proposal

Elements of the legislative proposal include:

  • To implement a national database of positive, refused, and adulterated drug and alcohol test results
  • Require that employers query the database as a part of the hiring process
  • Oversee that facilities comply with DOT regulations for testing of transportation employees
  • And strengthen enforcement over companies that don’t enforce a drug testing policy

In a closing statement, “We cannot afford to stand idly by. We must move forward aggressively to ensure the safety of the traveling public," said Oberstar.

MyFox9.com; May 21, 2008

Truck Accident Safety

Improvements to Drug Testing Programs Could Better Identify Illegal Drug Users and Keep Them off the Road

Many factors contribute to the challenges of detecting drivers who are using illegal drugs and keeping them off the road until they complete the required return-to-duty (treatment) process. Factors contributing to drivers not being in a drug testing program include FMCSA's limited oversight resources for all carriers and limited enforcement options for safety audits of new carriers. Although FMCSA and its state partners review thousands of carriers each year, these reviews touch about 2 percent of the industry. As a result, carriers have limited incentives to follow the regulations. Factors contributing to failures to detect drug use include the ease of subverting the urine test, either because collection sites are not following protocols or because drivers are using products that are widely available to adulterate or substitute urine specimens. For example, GAO investigators, posing as commercial truck drivers needing drug tests, found that employees at 10 of 24 collection sites tested did not ask the investigator to empty his pants pockets, as they are required to do, to ensure he was not carrying adulterants or substitutes. Factors contributing to drivers testing positive yet continuing to drive include drivers not divulging past drug test history, carriers’ failure to conduct thorough background checks on a driver’s past drug testing history, and self- employed owner-operators’ failure to remove themselves from service.

GAO’s analysis identified the following options as having the greatest potential for addressing these challenges:

  • For increasing the number of drivers tested: strengthen the enforcement of safety audits for new carriers. Stiffer requirements for having a testing program will likely result in more new entrants having effective drug testing programs. DOT has begun this improvement.
  • For reducing opportunities to subvert the test: additional authority to levy fines when collection sites do not follow federal protocols. This could decrease the opportunity to subvert the test. Also, congressional action to ban subversion products at the federal level could make these products more difficult to obtain.
  • For reducing the number of drivers who test positive and continue to drive: a national database of drug testing information. This would allow for more thorough checking of applicants’ past test results. FMCSA has begun to lay the groundwork for a database, but FMCSA may need additional authority to ensure accurate reporting of information. Also, using the database to encourage states to suspend a driver’s commercial driver’s license after a positive drug test or refusal to test would be a more direct way to compel drivers to complete the return-to- duty process.

Any of these options would require either additional resources or a transfer of resources that fund other safety-related initiatives, and some of the options require federal or state legislation and rule making. A national database would have to consider driver protections and a process by which information can be corrected or removed.

Why GAO Did This Study

Federal law requires commercial drivers to submit urine specimens for drug testing. The Federal Motor Carrier Safety Administration (FMCSA) is responsible for ensuring that motor carriers comply with these regulations. Recent reports have raised concerns that some drivers may not be tested, some may be tested but avoid detection, and some may test positive but continue to drive. GAO was asked to look at these challenges. This report reviews:

  1. the factors that contribute to challenges related to drug testing and
  2. the various options that exist to address these challenges.

    3. GAO obtained information from a wide variety of stakeholders in the drug testing industry, and analyzed data from FMCSA and others to determine the potential effectiveness of various options.

    What GAO Recommends

    GAO recommends that the Secretary of Transportation expedite efforts related to improving safety audits and implementing a national database of drug testing information. GAO suggests Congress consider:

    1. adopting legislation to ban subversion products
    2. providing FMCSA with additional authority over entities involved in the drug testing process
    3. encouraging or requiring states to suspend commercial driver’s licenses of drivers who fail or refuse to take a drug test

      4. DOT and HHS generally agreed with the findings and recommendations in this report.

      FMCSA Proposes Rule to Close Loopholes in CDL Permit Process

      If a proposed regulation by the Federal Motor Carrier Safety Administration (FMCSA) becomes law, illegal immigrants, drivers with bad records and others who may look to capitalize on loopholes in the commercial driver’s license permit regulations will not be getting away with it much longer. FMCSA published a notice of proposed rulemaking earlier this month, April 9, in the Federal Register on that seeks to close up loopholes and address shortcomings in the current process.

      The proposed rulemaking is in response to provisions in the current highway funding legislation – commonly called SAFETEA-LU and the SAFE Port Act of 2006. In addition to setting new minimum standards in the permit process, the proposed rulemaking seeks to revise the CDL knowledge and skills testing.

      The proposed rulemaking includes a comprehensive updating of the permitting and testing process. Some housekeeping type provisions include things such as mandating the minimum age for applying for the permit at 21 years old and making the permits tamperproof.

      FMCSA officials propose that permit holders would have to meet virtually every requirement actual CDL holders have to meet. For example, serious and critical violations that CDL holders face being either sidelined or having their licenses suspended for life would also apply to permit holders.

      Right now, inconsistency from state to state in verifying citizenship or legal residency leave the permitting process open to fraud. The proposal sets a list of the accepted documents applicants would have to present to apply for the permit. The proposal acknowledges that the current use of interpreters sets the testing system up for fraud and poses safety risks. The proposed reg seeks to prohibit the use of interpreters in the skills portion of the testing.

      The public has until June 9 to file comments on the proposed regulation. The Docket number for the proposed rule is FMCSA-2007-27659.

      Fax comments with the Docket ID number to (202) 493-2251

      Mail comments with the Docket ID number to:


      Docket Management Facility

      U.S. Department of Transportation

      Room W-12-140, 1200 New Jersey Ave. SE

      Washington, DC 20590-0001

      BusRide Magazine; April 15, 2008

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