Sec. 32611. Use of hair testing for preemployment and random controlled substances tests
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/bill/114/hr/22/eas/section-32611A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
This section may be cited as the . Drug Free Commercial Driver Act of 2015 Section 31306 is amended— in subsection (b)(1)— by redesignating subparagraph
(B)as subparagraph (C); and 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 inserting 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 urinalysis— in conducting preemployment screening for the use of a controlled substance; and in conducting random screening for the use of a controlled substance by individuals who were subject to preemployment screening. ; and in subsection (c)(2)— 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; . Any motor carrier that demonstrates, to the satisfaction of the Administrator of the Federal Motor Carrier Safety Administration, in consultation with the Department of Health and Human Services, that it can carry out an applicable hair testing program, consistent with generally accepted industry standards, to detect the use of a controlled substance by commercial motor vehicle operators, may apply to the Administrator for an exemption from the mandatory urinalysis testing requirements set forth in subpart C of part 382 of title 49, Code of Federal Regulations until a final rule is issued implementing the amendments made by subsection (b). In evaluating applications for an exemption under paragraph (1), the Administrator, in consultation with the Department of Health and Human Services, shall determine if the applicant’s testing program employs procedures and protections similar to fleets that have carried out hair testing programs for at least 1 year. A testing program may not receive an exemption under paragraph
(1)unless the applicable testing laboratories— have obtained laboratory accreditation specific to hair testing from an accrediting body, compliant with international or other Federal standards, as appropriate, such as the College of American Pathologists; and utilize hair testing assays that have been cleared by the Food and Drug Administration under section 510(k) of the Federal Food, Drug and Cosmetic Act ( 21 U.S.C. 360(k) ). Not later than 90 days after receiving an application from a motor carrier under this subsection, the Administrator, in consultation with the Secretary of Health and Human Services, shall determine whether the motor carrier is exempt from the testing requirements described in paragraph (1). Any motor carrier that is granted an exemption under paragraph
(1)shall submit records to the national clearinghouse established under section 31306a of title 49, United States Code, relating to all positive test results and test refusals from the hair testing program described in that paragraph. Not later than 1 year after the date of the 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, as amended by subsection (b). When issuing the scientific and technical guidelines, the Secretary of Health and Human Services may consider differentiating between exposure to, and usage of, various controlled substances. The Secretary shall submit an annual report to Congress that— summarizes the results of preemployment and random drug testing using both hair testing and urinalysis; evaluates the efficacy of each method; and determines which method provides the most accurate means of detecting the use of controlled substances over time.
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Sec. 32611
Use of hair testing for preemployment and random controlled substances tests
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