Remaining Compliant Through COVID-19 

The FMCSA drug testing exemption allows certain interstate transportation employers involved in the Coronavirus response to skip random drug and alcohol testing. The Federal Motor Carrier Safety Administration (FMCSA) issued an Enforcement Notice extending this waiver through Feb. 28, 2021. Moreover, the agency released this notice on Dec. 15 as part of its first-ever national Emergency Declaration in response to the COVID-19 pandemic.

For 2021, random testing rates remain:

  • 50% of the average number of drivers for drug testing.
  • 10% for alcohol testing.

However, the pandemic caused many medical offices to close or experience backlogs due to previous shutdowns. As a result, drivers fear exposure to the virus and hesitate to visit clinics for testing. The FMCSA provided relief to ensure testing continues for those meeting requirements. In contrast, the agency issued a waiver for those unable to comply.

FMCSA’s Expanded declaration

The national National Emergency Declaration, was  designed  in response to the pandemic, to ensure that critical supplies and consumer staples go where they are most needed, without disruption in the supply chain. It provides relief to carriers and drivers directly involved in the transportation of “essential cargo,” specifically:

  • Livestock and livestock feed;
  • Medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19 such as vaccines, supplies/kits for the administration of vaccines;
  • Supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19 including masks, gloves, masks, hand sanitizer, soap and disinfectants, etc.
  • Food, paper products and other groceries for emergency restocking of distribution centers or stores. 

Document, Document, Document

The FMCSA made several modifications to the original Emergency Declaration since its implementation last March. Tim Thoelecke, Jr., founder of InOut Labs, serves as a full-service C/TPA. As a result, he received many calls regarding the FMCSA’s stance. He says there is still much confusion about the agency’s leniency toward carriers’ and owner-operators’ random drug and alcohol testing requirements.

“The FMCSA strongly recommends that motor carriers and owner-operators maintain the Department of Transportation’s (DOT) minimal random drug and alcohol testing requirements,” explains Thoelecke.

However, the agency may provide temporary leniency to employers who submit written documentation with valid reasons for non-compliance. For instance, if testing was not completed due to unavailable facilities, employers must document their efforts to find “alternative testing sites or other testing resources.”

The written notice also states that trucking companies must record specific reasons if they fail to conduct random drug and alcohol testing at reasonable intervals. In addition, the FMCSA provided leeway regarding the timing of certain pre-employment drug tests, including those triggered by furloughs.

You can read the agency’s complete statement here.

InOut Labs encourages everyone to review the applicability, restrictions, and limitations which are included in the exemption online.  

 InOut Labs is a full-service C/TPA, providing complete turnkey compliance systems including comprehensive drug testing packages, random consortium pooling, supervisor & driver education, record keeping materials and more. Call us today at 833.723.7997.    

Find out how you can make InOut Labs your C/TPA of choice. We make testing painless.