Sec. 5402. Drug-free commercial drivers

304 words·~1 min read·/bill/114/hr/22/eah/section-5402

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 31306 of title 49, United States Code, is amended— in subsection (b)(1)— by redesignating subparagraph

(B)as subparagraph (C); in subparagraph

(A)by striking The regulations shall permit such motor carriers to conduct preemployment testing of such employees for the use of alcohol. ; and by inserting after subparagraph

(A)the following: The regulations prescribed under subparagraph

(A)shall permit motor carriers— to conduct preemployment testing of commercial motor vehicle operators for the use of alcohol; and to use hair testing as an acceptable alternative to urine testing— in conducting preemployment testing for the use of a controlled substance; and in conducting random testing for the use of a controlled substance if the operator was subject to hair testing for preemployment testing. ; in subsection (b)(2)— in subparagraph

(A)by striking and at the end; in subparagraph

(B)by striking the period at the end and inserting ; and ; and by adding at the end the following: shall provide an exemption from hair testing for commercial motor vehicle operators with established religious beliefs that prohibit the cutting or removal of hair. ; and in subsection (c)(2)— in the matter preceding subparagraph

(A)by inserting for urine testing, and technical guidelines for hair testing, before including mandatory guidelines ; in subparagraph

(B)by striking and at the end; in subparagraph

(C)by inserting and after the semicolon; and by adding at the end the following: laboratory protocols and cut-off levels for hair testing to detect the use of a controlled substance; . Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall issue scientific and technical guidelines for hair testing as a method of detecting the use of a controlled substance for purposes of section 31306 of title 49, United States Code.