FMCSA Announces Temporary Waiver for Certain Pre-Employment Drug Screening Requirements

On June 5, 2020 the FMCSA announced a provision which allows an employer to forgo a pre-employment test in instances where an employee may have been furloughed, laid off or out of their safety sensitive position for 90 days or more.

This waiver seeks to aid employers in their effort to return employees back to work due to the COVID-19 public health emergency. Employers opting to forgo testing are not absolved from the responsibility to pre-employment test new hires. The decision not to test must be based on the following conditions:

  • Participation in a qualified controlled substances testing program within the last 30 days;
  • No recorded violations within the last 6 months from any DOT agency;
  • Compliance with DOT Clearinghouse pre-employment query requirements;
  • Completion of investigations and inquiries required by the DOT; and
  • Notification to the FMCSA within 5 business days of an accident.

The FMCSA has the right to revoke the waiver due to a driver's involvement in accidents or an employers failure to comply with the waiver's terms.

The waiver is effective from June 5, 2020 through September 30, 2020.

For questions or clarifications on this waiver, please review the FMCSA's original release.

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This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

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