Trump Administration Terminates Drug Testing Advisory Board

The Trump administration has dissolved the Drug Testing Advisory Board, which for more than three decades has overseen the development of federal testing programs and laboratories that process drug tests.

The board, which had been in operation since 1988, has played a crucial role in ensuring the integrity and reliability of federal drug testing practices. Most notably, it has overseen the development of a superseding drug testing rule, currently under review by the White House Office of Management and Budget, that could allow motor carriers to test their drivers using hair samples.

“Of many advisory committees, their input was likely more useful than some others to assist the government in providing guidance on drug and alcohol testing issues,” said Steve Keppler, co-director at Scopelitis Transportation Consulting and a former executive director of the Commercial Vehicle Safety Alliance. “This was in large part because of the membership being doctors, lawyers and practitioners, they provided specialized expertise from direct experience in the field.”

Keppler said the trucking industry didn’t always agree with the DTAB’s findings, but the board’s opinions tended to hold more weight than other federal advisory committees, which frustrated many trucking stakeholders.

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Steve Keppler (Scopelitis Transportation Consulting) 

The rule has been under development for nearly a decade, largely due to scientific concerns.

“With this being said, that is the purpose of these committees, when designed, chartered and used properly … they help to provide another tool in the government’s arsenal apart and aside from the often frustrating, lengthy and cumbersome rulemaking process,” Keppler said.

The DTAB was an expert advisory group attached to the federal Substance Abuse and Mental Health Services Administration, a subagency of the Department of Health and Human Services. That agency ultimately oversees drug and alcohol testing policy.

The termination of the DTAB was preceded only days before by the retirement of its chairman, Ron Flegel, who decided to take an earlier-than-planned retirement this month after seeing the writing on the wall, according to an SAMHSA source who asked not to be identified.

“It will be very difficult to communicate to the public without the DTAB, and a lack of personnel will have an impact on how quickly items proceed,” the source said.

SAMHSA, like many other federal agencies over the past few months, has lost employees due to the Trump administration’s belt-tightening, according to the source.

Indeed, when announcing his retirement, Flegel sent an email to his fellow employees noting it was a tough decision.

“Given the anticipated levels of stress that will come by staying, both physically and mentally, and tough decisions regarding the program and staff, I believe this to be the right decision for myself,” Flegel wrote.

“The Drug Testing Advisory Board was advisory in nature; it did not have regulatory authority over federal programs,” a SAMHSA spokesman told Transport Topics. “The voluntary service of the council’s members was terminated, as is common practice for a new administration.”

That said, the committee has survived the past six administrations.

“While American Trucking Associations is still working to determine all potential impacts and the immediate ramifications of the termination of the DTAB, this decision should not directly impact the immediate function and robustness of the DOT drug testing program,” said Brenna Lyles, senior director of safety policy for ATA.

“The DTAB was designed to issue scientific and technical guidance on drug-testing standards, including recommendations for specimen types and cutoff levels, which have a trickle-down effect to DOT’s program,” Lyles added. “Over the longer term, DTAB’s termination could slow the integration of new scientific findings into federal drug-testing policies and standards, potentially affecting the evolution of testing standards over time.”

So far, the Trump administration has not indicated whether it supports the rule.

“D&A testing is a complicated area of regulation and administration, and not having a sounding board of practitioners will have impacts on real-world application and administration of the rules, and also for staying on top of the emerging science,” Keppler said. “Unlike a number of other regulatory areas of responsibility on trucking, this is a space that is dynamic and changes, so in order to be relevant and effective, the government needs to stay informed and on top of the changing environment. Not having the DTAB anymore will impact this capability.”