Trucker Safety

Drug Law Not Enough|Industry Insiders, Observers Laud Arkansas, Seek Federal Help

Last updated Friday, November 21, 2008 7:36 PM CST in Business

By Pamela Hill
THE MORNING NEWS

Drive For Safety

Boyce said ATA has advocated a national database or clearinghouse since 1999. That year, Congress directed the Federal Motor Carrier Safety Administration to conduct a feasibility study regarding a federal repository. A 2004 report from the agency found such a database was feasible, cost-effective and more reliable than self-reporting. The agency regulates 600,000 companies and 4.2 million industry employees.

Following another request -- from the House Committee on Transportation and Infrastructure's Subcommittee on Highways and Transit -- the Government Accountability Office conducted a study, the findings of which were released in May. GAO found a flawed oversight system whereby drivers could fail a test at one company and move on to be hired by the next one.

"Without this clearinghouse, the efforts of the trucking industry to rid itself of drug- and alcohol-abusing drivers will remain stalled," said ATA President Bill Graves.

Boyce said the issue now rests with Congress or the Department of Transportation.

"We are certainly hopeful this will go through quickly since it's been in the works for nine years," Boyce said, speaking of the incoming administration. He said President-elect Barack Obama's choice for Transportation secretary could have a lot to do with how quickly the issue is dealt with.

Kozak said to his knowledge, Willis Shaw hasn't put a driver on the road with a drug problem, but that they have hired drivers then discovered those with problems during orientation. He feels fortunate. He knows some drivers have actually made it to the road with other companies, through no fault of the company. The state database should help, he said. Willis Shaw has already used the system "hundreds" of times, he said.

Watchdogs

Federal law requires companies to test drivers before they hire them, after an accident and randomly at least once a year. Arkansas Act 637, which created the Arkansas Commercial Driver Alcohol and Drug Testing Database, mandates that all positive test results -- as well as all refusals to take drug or alcohol screenings -- be reported to the state, and a database of those reports be maintained and searched prior to employers hiring a commercial driver.

Anita Gottsponer, driver control manager for the state's Department of Finance and Administration's Office of Driver Services, keeps track of database postings and searches.

Between Jan. 1 and Nov. 7, Gottsponer said 339 applicants to Arkansas trucking companies had been reported to the database. Some 287 of those tested positive for drugs, 13 tested positive for alcohol, four refused an alcohol screening and 35 refused a drug screening.

As of Nov. 7, Arkansas companies had searched the database 7,266 times, which resulted in 67 people being turned down for trucking jobs because of positive test findings and 19 people being turned down for previously refusing to take a drug/alcohol screening. The results are available for two years from the testing date.

David Saunders, president of Compliance Safety Systems in Temple, Texas, said he thinks Arkansas' system is a step in the right direction -- just a step too short.

Saunders' company is a third-party administrator -- a company or agency that handles drug testing -- whose clients include J.B. Hunt. He's disappointed the state is gathering data only as drivers apply for jobs. He contends the time it will take to build a large database will allow lots of people who've failed drug tests to slip in and end up on the highways. Saunders said the law should have required third-party administrators hired by Arkansas companies to release their databases to the state.

Due to strict confidentiality and privacy procedures, companies like Compliance Safety Systems cannot tell a company if an applicant recently failed a drug screening with another company.

"We see the same driver come through our system one, two, three, half a dozen times a month or sometimes two times in a week. I can't tell J.B. Hunt or another company" if their applicant is one of those, Saunders said.

And that's only from drivers who've applied to trucking companies that are clients of Compliance Safety Systems. Saunders' company works with 147 trucking companies in 48 states and oversees 350,000 tests a year. He suspects other third-party administrators see similar activity.

"I go to bed every night, knowing this driver is driving that should not be driving and I can't tell anybody," Saunders said.

For almost three years Saunders said he's worked with the ATA and government agencies trying to get a national database. He said drivers' privacy is a concern, as is the concern that someone could be wrongly identified, possibly costing them their livelihood.

"That's why everyone is so careful. I'm optimistic we'll get this passed. It's the right thing to do if it's done in the right way," Saunders said.

Self-Reporting

Currently, companies asks prospective drivers if they've been rejected for hire or terminated because of drugs or alcohol. They must rely on applicants to be truthful about previous employers. The companies then must check those references to see if any drug or alcohol violations occured within the past three years.

Woodruff said he knows of at least one driver who applied to J.B. Hunt whom the company was able to identify as a drug user through the state's database. It's a good start, he said.

"It's problematic for companies like us because we hire people from different states," Woodruff said. "The industry would prefer a central location that houses all results across the country. While we think the state database is a good step, the federal government has not advanced this sufficiently yet. Our federal government needs to step up."

Woodruff testified in November 2007 before the House Committee on Transportation and Infrastructure's Subcommittee on Highways and Transit about the need for a national database. "We felt like there was a fair amount of understanding about the nature of the problem and the need for a national clearinghouse. We felt it was received positively. We're hoping an administrative change won't result in reduced support," Woodruff said.

FMCSA administrator John Hill testified at the same meeting, saying the agency is "moving forward to address this problem." He cited several safeguards and security issues that would have to be in place.

"It just seems like somebody's got to take a leadership role in Congress to move this forward," Woodruff said. "The industry gets a little frustrated because we're used to making decisions quickly and when dealing with government, sometimes it's a little slow."

Other Efforts

Arkansas Trucking Association President Lane Kidd said Texas, Oregon and North Carolina have similar databases, but those databases are voluntary. Arkansas is the only state in which employers are required by law to check the database before hiring a driver, he said. The law encompasses all commercial drivers, including school bus drivers and truck drivers whose jobs do not require them to leave the state.

Boyce said he commends states for creating databases themselves but the concept will always be lacking until a national repository exists.

"By having one place to go to instead of several, we'll have fewer loopholes for these people to slip through," Boyce said.

In the meantime, Arkansas trucking companies will continue to rely on the state's growing database as its only tool against job-hopping drivers.

"We haven't gotten any negative feedback, which we take as a good result," said Shannon Newton, vice president of the Arkansas Trucking Association. "It's a service if they avoid hiring someone who's using drugs. Obviously, we don't want anyone who's tested positive driving on Arkansas roads. It's not good for the public. It's not good for the companies."

Pull quote:

"I go to bed every night, knowing this driver is driving that should not be driving and I can't tell anybody."

David Saunders

President, Compliance Safety Systems of Temple, Texas

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