COVID-19 pandemic: FMCSA extends waiver for certain preemployment drug tests

Washington — The Federal Motor Carrier Safety Administration has granted to recently furloughed commercial motor vehicle drivers a 90-day waiver from certain preemployment drug testing requirements, in response to the COVID-19 pandemic.

Effective June 5 and set to expire Sept. 30, the waiver amends current regulations requiring drivers to undergo preemployment drug testing and produce a negative test result to their employer before performing safety-sensitive functions, which includes operating a CMV. The regulation offers an exemption to drivers who have participated in a testing program within the past 30 days and either:

• Were tested for controlled substances within the past six months
• Participated in the random controlled substances testing program for the previous 12 months.

Under the waiver, the exemption period is extended to 90 days from 30.

“As employers begin to recall drivers who were furloughed, laid off or otherwise not working for the company for more than 30 days, the cost and logistical barriers of testing a large influx of drivers in a short time frame are significant, at a time when the commercial trucking and motor coach industry is facing unprecedented economic challenges,” the waiver states. “This problem is further compounded by the reduced availability of controlled substances testing resources due to continued facility closures or other testing impediments caused by the COVID-19 public health emergency.”

FMCSA says offering “temporary regulatory relief from this burden” is possible “without negatively impacting safety.” Further, the agency “reserves the right to revoke” the waiver as a result of drivers’ involvement in incidents or employers’ inability to comply with terms.

The waiver comes in response to President Donald Trump’s Executive Order 13924 – Regulatory Relief to Support Economic Recovery, issued May 19.