Drug Free Commercial Driver Act of 2015

Drug Free Commercial Driver Act of 2015

(Sec. 2) This bill 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.

Motor carriers may use hair testing as an acceptable alternative to urinalysis for detecting use of controlled substances by individuals, but only for preemployment testing and random testing.

The Department of Transportation shall 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.

(Sec. 3) A motor carrier that demonstrates it can carry out a hair testing program consistent with generally accepted industry standards may apply to the Federal Motor Carrier Safety Administration (FMCSA) for exemption from mandatory urinalysis testing. Requires the FMCSA, in evaluating an application for this exemption, to determine if the applicant's testing program employs procedures and protections similar to those of fleets that have carried out hair testing programs for at least one year.

A testing program may not receive an exemption unless the testing laboratories:

• have obtained laboratory accreditation specific to hair testing from an accrediting body, compliant with international or other federal standards, such as the College of American Pathologists; and
• utilize hair testing assays that have been cleared by the Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act.

Any motor carrier granted an exemption must submit records of all positive hair test results and test refusals to the national clearinghouse for records relating to alcohol and controlled substances testing of commercial motor vehicle operators.

(Sec. 4) The Department of Health and Human Services shall issue scientific and technical guidelines for hair testing as a method for detecting the use of controlled substances.