FMCSA to Provide Flexibility for Random Drug Testing
Agency will also decide, case by case, whether to enforce its requirement for testing dates
Because states’ different reopening timetables (from COVID-19 closures) cause different disruptions, the Federal Motor Carrier Safety Administration (FMCSA) will exercise case-by-case discretion about whether or not to enforce its minimum annual percentage random drug-testing rates.
The agency will also decide, case by case, whether to enforce its requirement for testing dates to be spread throughout the calendar year.
For calendar year 2020, the standard required driver selection rates remain at 50% of employers’ average number of driver positions for controlled-substance testing and 10% for random alcohol testing.
Late last year, FMCSA increased the annual random selection rate for drug testing from 25% to 50%.
To be considered for an exemption, carriers must document in writing their reasons for noncompliance.
FMCSA stressed the current random testing requirements are not suspended, and employers who can meet them must continue to do so.
The enforcement change applies to 2020, but FMCA may also exercise discretion in motor carrier investigations occurring in 2021.
Information provided by the USDA Grain Transportation Report.