The DOT’s random drug and alcohol testing requirements will be given temporary leniency according to a notice published by the FMCSA on Monday.
The announcement was made Monday, July 6th and states that the FMCSA will “provide reasonable enforcement flexibility during this unprecedented pandemic,” giving some leeway to trucking companies unable to fully comply with the random testing requirements due to COVID-19 regulations.
Trucking companies are still technically required to randomly select and test drivers at the typical required rate – 50% of their average number of drivers for drug testing and 10% for alcohol testing – but are now legally allowed to provide written documentation citing specific reasons for non-compliance if testing is not completed due to circumstances brought about by COVID-19. in addition, the companies are required to document efforts made to find “alternative testing sites or other testing resources.”
The written notice also states that trucking companies unable to ensure random drug and alcohol testing is conducted at reasonable intervals throughout the year must record the specific reasons why these requirements could not be met.
“This Notice pertains to employers’ noncompliance, during calendar year 2020,” the notice states. “The Agency may exercise enforcement discretion in connection with motor carrier investigations occurring in calendar year 2021… This notice creates no individual rights of action and establishes no precedent for future determinations.”
Read the FMCSA’s full statement here.