DeFazio Targets Drug-Using Truckers

New Study - The House Highway Safety Chairman Wants to Close Loopholes in Testing for Intoxicants

WASHINGTON -- Rep. Peter DeFazio has some advice for everybody on the road this Memorial Day weekend: Check your rearview mirror often to make sure the trucker in that approaching 18-wheeler is driving safely.

A new study by the Government Accountability Office found gaping holes and problems in testing programs for commercial drivers. It also discovered poor oversight by federal agencies and spotty compliance with requirements that all drivers be tested.

"What is so clearly laid out in this report is that we have a loophole-ridden system when it comes to drug and alcohol testing in the motor carrier industry that allows an untold number of truck drivers to abuse drugs and operate large trucks," said DeFazio, D-Ore., who chairs the House subcommittee responsible for highway safety.

The GAO study, which was requested by DeFazio and Rep. James Oberstar, D-Minn., conclusions include:

Widespread refusal by drivers and trucking companies to conduct mandatory testing. GAO investigators found that 9 percent "of carriers have no drug testing program at all."

Little or no monitoring to ensure that drivers who test positive for drug or alcohol abuse complete required counseling programs before returning to the road. GAO cites estimates by substance abuse counselors "that less than half of commercial driver's license holders who test positive or refuse to test successfully complete the return-to-duty process before returning to their jobs."

Few safeguards are in place to prevent truckers from altering urine samples by doing such things as taking masking agents or substituting fake specimens for analysis.

The accounting office based its findings on a detailed review of practices as well as field investigations. In one case, GAO investigators went to testing centers posing as truckers and "found multiple opportunities to cheat on a drug test at nearly every collection facility they investigated and the investigators had no problem smuggling in syntheticurine that fooled the labs."

According to the GAO, "employees at 10 of 24 collection sites tested did not ask the (undercover GAO) investigator to empty his pants pockets, as they are required to do, to ensure he was not carrying adulterants or substitutes."

DeFazio, along with Oberstar and Rep. John Mica, R-Fla., also blamed federal regulators for failing to conduct tougher oversight of the industry.

The federal Department of Transportation estimates that 1.6 percent to 2 percent of drivers test positive for drugs. Safety advocates, however, say the percentage is higher.

In a 2007 survey by the Oregon State Police, about one in 10 truckers sampled for drugs tested positive.

According to an OSP spot check last September on Interstate 84 at Cascade Locks, 11 percent of the 512 trucks inspected were placed out of service for safety violations, and 19 percent of drivers were ordered out of service for other infractions, state police reported.

Lives are at stake, say congressional leaders. Federal records show that each year 5,500 deaths and 160,000 injuries are caused by collisions involving large trucks and buses.

"We need to get truck drivers who are on drugs off our roads. It's that simple," said Mica, who joined DeFazio and Oberstar at a news conference to discuss the GAO report.

All three lawmakers said they probably will collaborate on legislation to attack the problems.

DeFazio said he is putting together a bill that would establish a nationwide database to track positive test results. Such a database would make it harder for a trucker who tests positive to avoid sanctions by applying at a different company or moving to another state.

The bill would also outline standards and protocols collection sites must follow to lessen chances that samples are tainted, substituted or altered to hide drugs.

He said his bill would give the Federal Motor Carrier Safety Administration the authority to levy higher fines to collection sites and trucking firms that do not comply with testing standards.

A spokeswoman for the American Trucking Association said the trade group would support DeFazio's idea for a national clearinghouse for test results. The ATA also asked Congress to pass legislation outlawing the production and sale of substances whose sole purpose is to defeat drug tests. The group also wants the federal Department of Transportation to have authority to use hair and other specimens in drug tests.

The Oregonian; May 24, 2008

GAO Report Says Oversight of Truckers Has Miles to Go

Tens of thousands of truckers who flunk drug tests may still be driving big rigs in violation of federal regulations, a new government investigation has found.

In a 74-page report scheduled for release today, the Government Accountability Office described a flawed oversight system that allows truckers to fail a drug test and yet move on to driving for another company.

Fewer than half of the estimated 85,000 truck drivers who test positive in random drug tests each year are believed to complete the required treatment and follow-up testing to return to their jobs, the GAO said. The true number of truckers who fail drug tests and continue to drive could be much higher, said an investigator with the House Transportation and Infrastructure Committee, which commissioned the GAO study.

The GAO report confirms problems documented in a 2006 Dallas Morning News investigation of the trucking industry, including spotty background checks, drug use by truckers and inconsistent oversight by state and federal authorities.

In 2006, 4,995 people were killed nationwide and 106,000 injured in crashes involving large trucks, the report noted. Statewide, about 500 people are killed each year in crashes involving large trucks.

Although mechanical problems, speeding and driver fatigue are the most frequent factors in fatal accidents involving big rigs, studies have also found that drugs or alcohol substantially increase the risk of accidents. The trucking industry blames passenger cars for causing the majority of accidents.

Gap in Screenings

The GAO report found that some trucking companies don't bother to conduct the required pre-employment and random drug tests and "have limited incentives" to do so. Only about 2 percent of all trucking companies undergo checks each year by state agencies and the Federal Motor Carrier Safety Administration, which regulates interstate traffic, the GAO found.

In addition, dishonest truckers can beat the testing system by using false IDs and chemicals to alter their urine for drug tests, the report said. If caught, they easily move on to other trucking companies, which the GAO described as "job-hopping."

"If you fail both at beating the test and job-hopping, you state-hop," Mr. DeFazio said. "If you fail a test in Texas, you can go to California, and the states aren't talking to each other. There are so many loopholes that need to be plugged."

Among the report's recommendations is the creation of a national database of truckers who fail drug tests. The American Trucking Associations, which represents the nation's largest carriers, said it would support a national drug and alcohol test database administered by trucking companies.

The exact number of drivers who return to work without completing the required treatment is unknown, the GAO said. But a director of the Substance Abuse Program Administrators Association "conservatively estimates that less than half of commercial driver's license holders who test positive or refuse to test successfully complete the return-to-duty process before returning to their jobs," the GAO report said.

The report concluded that drug use could be significantly higher among truck drivers than what the random test data indicates because not all companies actually test, urinalysis can be unreliable and results can be altered.

For example, GAO investigators who posed as truckers appearing for drug tests weren't required to empty their pant pockets at 10 of 24 sites. The requirement is designed to prevent a driver from using drug-concealing agents or substituting clean urine samples.

Self-Regulation

Another hole in the drug testing system is the self-regulation required of tens of thousands of owner-operators, the GAO found. These self-employed drivers are "unlikely to remove themselves from safety-sensitive duty in the event of a positive test," the report concluded.

Truckers who test positive or refuse to test are supposed to undergo education, treatment and re-testing before being allowed to return to the road. But the GAO report found that didn't always happen because of a lack of oversight by companies and authorities.

The report did not single out any drivers or companies by name.

In addition to a national database of drug-testing information, the GAO recommended that the Transportation Department speed up efforts to improve safety audits of trucking companies. It also recommended that Congress provide the Federal Motor Carrier Safety Administration with "additional authority over entities involved in the drug testing process" and encourage or require states to suspend the commercial driver's licenses of truckers who fail or refuse to take a drug test.

Seven states, including Texas, maintain a database of failed drug tests that trucking companies can consult, the report said. It characterized Texas as having "low reporting from carriers." Texas-based employers are required only to report the drug test results of truckers holding Texas commercial driver's licenses, said DPS spokeswoman Tela Mange. There are 13,279 entries in the Texas database, she said.

The Dallas Morning News; May 21, 2008

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

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