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“It shows a lifestyle rather than simply
                                                                              cleaning up because you know you’re
           “uNtil it’s maNdated for eVerybody, carriers                       about to be tested,” said Bill Vickery,
             like us are competiNg for the driVers who                        ATA political consultant.
               doN’t waNt to use the electroNic logs.”                            “You don’t want to mandate it—you
                                                                              just want it to be acceptable?” Shuster
                                —gary salisbury,                              asked for clarification. They all emphat-
                                                                              ically agreed.
                        presideNt, fikes truck liNe, llc
                                                                                  “Urine testing is a lot cheaper, but
                                                                              we’re paying for hair testing because
                                                                              we know it keeps drug-users off the
        October 2013. Further delays are a con-  and also chairman of the Trucking   roads,” said Harper. That is they’re pay-
        cern for carriers that have implemented   Alliance. Williams said there’s a need   ing for both types of testing: urinalysis,
        electronic logging and are losing busi-  to let shippers know that some of their   because the FMCSA requires it and hair
        ness—and drivers—to those that haven’t.  companies are running illegally.   testing because it’s the best safeguard
            “Until it’s mandated for everybody,   “There is a lot momentum toward   for keeping drug abusers off the high-
        carriers like us are competing for the   enforcement—shutting down carriers   ways.
        drivers who don’t want to use the elec-  considered to be imminent threats,”   “And the government doesn’t pay
        tronic logs,” said Gary Salisbury, ATA   Williams said. “They’re saying ‘if you   for the test,” Shuster again clarified. All
        chairman and president of Fikes Truck   do these things, you’re going to get your   answered “no.”
        Line, LLC. “That creates a great eco-  hand slapped,’ well I don’t want their   After a few seconds of silence as
        nomic concern for us. We have a proac-  hand slapped, I want their hand cut off   the legislators absorbed the simplicity of
        tive stance on EOBRs and safety, but   and to see blood on the floor so people   the fix, Griffin replied, “I’d be happy to
        when we communicated that mandate   know this is real.”               be involved in this.”
        to our fleet, we lost about 38 percent of   Both Congressmen were quick to
        our fleet within 30 days,”         support Williams’s assertion. “You’ve   HoUrS-of-SErvIcE
            Shuster was empathetic. “It’s a   got to send a signal that it really is com-  Shuster complimented the industry
        balancing act,” he said. “If I tell all the   ing; it’s not just talk,” Griffin said. “It   on its willingness to independently seek
        little owner-operators in my district ‘do   helps to get signals from the adminis-  new laws that will improve highway
        it tomorrow,’ then they’re out of busi-  tration that are consistent with where   safety for all users, and reprimanded
        ness. It’s going to come to the whole   you’re doing.”                the establishment forcing obstructive
        system, eventually.”                   Shuster agreed. “When you see   ‘solutions’ to concerns.
            Delays could also be due in large   enforcement like that happening, it   “Show me the science that says
        part to the establishment, Griffin   encourages people to move.”      they need to drive more safely because
        pointed out. “I think it’s important to                               they’re improving their numbers year
        not throw all delay and all failure to   HaIr TESTING                 after year,” Shuster said.
        move under the category of bad motive,”   By far, the highest level of enlight-  The carriers agreed. “Let’s put sci-
        Griffin said. “A lot of it just goes along   enment was reached when the dis-  ence and data behind it so we don’t
        with federal bureaucracy implement-  cussion turned to drug testing; as in   have people saying ‘well, I think we’d be
        ing the law. Getting a bureaucracy to   accepting hair testing as a viable means   better off if we did this,’” Harper said,
        make change takes a lot of time. Even   of testing rather than the FMCSA-  referring specifically to the hours-of-
        if everybody loved it, it would still take   required urinalysis.     service rule changes.
        forever.”                              “We had more than 3,000 drivers    “I’m all for complying, but none
            “Your industry has a big voice in   who passed the urine test, but failed the   of these people have ever driven
        Washington,” Shuster said, encourag-  hair test,” said Craig Harper, COO and   trucks,” said Greg Carman, president
        ing the group to continue to reach out   EVP Operations at J.B. Hunt Transport.   of Carman, Inc. “Some of these guys
        to their legislators and Administrator   “It’s a company policy to hair test them,   don’t sleep the way a bureaucrat thinks
        Ferro’s office.                    but we still have to do the urine test to   they ought to sleep. They need common
            “There are certain other stop-gap   comply with the regulations. When we   sense flexibility on how they can use
        measures to let the public know this is   first started hair testing, we had a 14   their break time.”
        coming. There are things they are doing   percent fail rate—people who passed the   “Next thing we’re going to have are
        and things they can be doing so people   urine test, but failed hair.”  the sleep police,” Shuster quipped.
        will be less cavalier on the highways,”   Hair samples, they explained retain
        said Steve Williams, CEO of Maverick   traces of drug use longer than urine.                        41

        arkansas Trucking rePorT | issue 2 2013	                                                                  37
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