FMCSA announced that it would grant “enforcement discretion” to motor carriers unable to meet the 50% random drug testing requirements in part 382. As a result of the COVID-19 public health emergency, FMCSA’s notice gives enforcement discretion when enforcing the random testing requirements.

Specifically:

  • Employers who are unable to meet the random drug and/or alcohol testing rates must maintain written documentation of the specific reasons for non-compliance. This includes, for example, “documentation of closures or restricted use of testing facilities or the unavailability of testing personnel.” Additionally, employers should “document actions taken to identify alternative testing sites or other testing resources.”;
  • Employers must continue to select drivers at the required rate of 50 percent of their average number of driver positions for controlled substances, and 10 percent for random alcohol testing during the calendar year 2020;
  • Employers who are unable to ensure that the dates for administering random controlled substances and alcohol tests are spread reasonably throughout the calendar year should document the specific reasons why they did not meet this requirement;
  • This Notice pertains to employers’ noncompliance, during the calendar year 2020, with the random testing requirements described in the notice. The Agency may exercise enforcement discretion in connection with motor carrier investigations occurring in the calendar year 2021.

NOTE: FMCSA’s notice is not a suspension of the current random testing requirements, including the 50% testing rate. Employers who are capable of complying with the FMCSRs must continue to do so. The full notice can be found on FMCSA’s website.

If you have any questions please do not hesitate to contact Steve Boudreaux, CDS, CSIWCP at steveb@mstrucking.org or 601-354—6161.

 

July 7, 2020