COVID-19: FMCSA’s Drug & Alcohol Testing Guidance

The Federal Motor Carrier Safety Administration (FMCSA) has issued several guidance documents for employers along with assisting in the distribution of one million protective masks to commercial drivers.

The FMCSA’s drug and alcohol testing guidance remains in effect until June 30th. This guidance address random, pre-employment and other testing scenarios.

• Random: Employers must make up the tests by the end of the year if they are unable to meet the random testing rate for a given testing period due to COVID-19 disruptions. Employers should also document in writing why they were unable to conduct tests on drivers randomly selected, including actions taken to find alternative sites and testing resources.
• Pre-employment: Employers are still not allowed to have a prospective employee perform DOT safety sensitive functions until a negative pre-employment test result is received unless there’s an exemption under the regulations.
• Post-accident: Employers must still test as soon as practicable after an accident. However, if particular timelines cannot be met due to COVID-19, the specific reasons why the test could not be conducted must be documented in writing.
• Reasonable suspicion: If the test cannot be conducted as required, employers must document in writing the specific reasons as to why including mitigation efforts taken. Such documentation should also include the observations made leading to a test.
• Return-to-duty: Drivers must not be allowed to perform safety-sensitive functions under the return-to-duty test is conducted with a negative result.
• Follow-up testing: Employers must document the specific reasons why such testing could not be conducted including mitigation efforts taken. Testing must be conducted as soon as practicable.

The Department of Transportation (DOT) has also recommended that employers approach employee concerns related to testing due to COVID-19 with sensitivity, including contacting the clinic or collection site(s) to ask if it has taken necessary precautions to minimize the risk of exposure to COVID-19.

Candidates should also remember that many collection sites are not currently offering COVID-19 testing. They can review their drug testing passports for clinic-specific instructions and/or call the clinic prior to arrival to determine what special requirements may current exist, such as waiting in the car versus the clinic or wearing a mask.