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Hair Testing Guidelines Coming Within a Year for Commercial Motor Vehicle Drivers

Lexology (12/11/15) Kathryn J. Russo

The Fixing America’s Surface Transportation Act, signed into effect on Dec. 4, among other things directs the U.S. Department of Health and Human Services to issue scientific and technical guidelines for the use of hair testing for drugs for commercial motor vehicle drivers within one year of enactment of the act. Once DHHS has done so, motor carriers regulated by the U.S. Federal Motor Carrier Safety Administration will be allowed to use hair testing for drugs for pre-employment purposes as well as for random drug tests, if the driver was subject to the testing for pre-employment purposes. The law exempts drivers with established religious beliefs that prohibit the cutting or removal of hair.