New Hair Drug Testing Guidelines Delayed Until May 2025

The U.S. Department of Health and Human Services (HHS) has announced yet another delay in publishing its revised mandatory guidelines for drug testing using hair samples. Initially slated for release in June 2023, the new timeline now projects publication for May 2025, as per the Office of Management and Budget’s (OMB) fall regulatory agenda.

This marks the third postponement of these guidelines, which were first proposed in September 2020. Previous deadlines in November 2023 and October 2024 also came and went without action. The Federal Motor Carrier Safety Administration (FMCSA), one of the key agencies awaiting these revisions, has emphasized that OMB timelines are only estimates and subject to change based on further research, analysis, and stakeholder feedback.

What’s at Stake?

The adoption of hair testing could be a game-changer for drug testing in the trucking industry. Unlike urine or saliva samples, hair tests provide a broader detection window for drug use, making them a favored method among many large trucking companies for pre-employment screening and random testing.

However, the trucking industry remains divided on the issue.

• Large Carriers’ PerspectiveBig trucking companies argue that the 2020 proposal’s requirement for a backup urine or saliva sample undermines the effectiveness of hair testing. They contend that differing detection windows between hair and other sample types could lead to conflicting results, complicating the screening process.

• Small-Business ConcernsOn the other hand, small trucking businesses and owner-operators view mandatory hair testing as intrusive and discriminatory. The Owner-Operator Independent Drivers Association (OOIDA) has been vocal about the potential for employment discrimination, particularly for drivers who refuse hair testing due to religious beliefs or medical reasons.

A Call for Action

Pressure has been mounting on HHS to finalize these guidelines. In a fiscal year 2025 appropriations bill, the House Appropriations Committee included a directive for HHS to expedite the process. The report underscored the urgency of recognizing hair testing as a viable alternative to urinalysis, especially in the context of the nation’s ongoing substance use crisis.

“Since the FAST Act was signed into law, our nation has experienced a crippling substance use epidemic – particularly from opioids and synthetic opioids,” the report stated. “Federal inaction to recognize hair testing as a legitimate tool denies Americans a critical resource to combat this crisis.”

The trucking industry, like many others, continues to grapple with the risks posed by impaired drivers, and the delay in implementing robust drug testing measures remains a critical safety concern.

Other Delays on the Horizon

The OMB’s regulatory agenda also revealed delays in another related FMCSA initiative. A proposed rulemaking to enhance drug and alcohol testing rules—originally expected in 2022—has been pushed back to March 2025. This rule aims to improve the efficiency of processes within the Drug and Alcohol Clearinghouse, increase flexibility for drivers and employers, and better align the Clearinghouse rules with existing regulations.

What This Means for the Trucking Industry

With the delays stretching on, trucking companies must continue navigating the complexities of existing drug testing requirements. While hair testing could provide a more comprehensive safety measure, the prolonged timeline for these guidelines creates uncertainty for carriers and drivers alike.

At iHeavyHaul.com, we remain committed to safety and compliance as we work with our carrier partners. Stay tuned for updates on this evolving issue that impacts the entire freight industry.

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