Exception Expanded for DOT Pre-Employment Drug Testing

The Federal Motor Carrier Safety Administration (FMCSA) released a Three Month Waiver to Relieve Pre-Employment Testing Requirements due to COVID-19 on June 5, 2020, that will stay in effect until September 30, 2020.

The waiver will allow employers to opt-out of administering a DOT pre-employment drug test as required in 49 CFR part 382  by using the exception under 49 CFR 382.301(b) for drivers who 

• The driver has participated in a controlled substance testing program that meets the requirements of this part within the previous 90 days; and
• While participating in that program, either: (i) Was tested for controlled substances within the past 6 months (from the date of application with the employer), or (ii) Participated in the random controlled substances testing program for the previous 12 months (from the date of application with the employer); and
• The employer ensures that no prior employer of the driver of whom the employer has knowledge has records of a violation of [part 382] or the controlled substances use the rule of another DOT agency within the previous six months

The waiver increases the length of time from 30 to 90 days as listed in part (1) of the exception.

Employers need to remember they still have to run new-hire queries to stay in compliance with the Clearinghouse. If a driver’s results from the query show they are not authorized to be in a safety-sensitive position, an employer must not allow them to drive. They also have to complete the previous employment verifications.

Waiver – Preemployment testing – FINAL – June 5

If you have questions on the waiver or use of the exception, please contact our office and ask to speak to a Customer Service Representative.  (936)632-1925