June 8, 2020: FMCSA Waives Pre-Employment Testing Requirements

FMCSA has granted a three month waiver for specific pre-employment testing requirements for drivers that were furloughed during COVID-19. The waiver will be in effect from June 5 – September 30, 2020.
Under normal circumstances, drivers are required to undergo pre-employment testing for controlled substances and may only be permitted to perform safety-sensitive functions once the employer has received a negative test result.
In the waiver, FMCSA stated “As employers begin to recall drivers who were furloughed, laid off, or otherwise not working for the company for more than 30 days, the cost and logistical barriers of testing a large influx of drivers in a short time frame are significant, at a time when the commercial trucking and motor coach industry is facing unprecedented economic challenges. This problem is further compounded by the reduced availability of controlled substance testing resources due to continued facility closures or other testing impediments caused by the COVID-19 public health emergency. This relief would allow employers to forego pre-employment testing for drivers who have participated in a controlled substances testing program that meets the requirements … within the previous 90 days of hire or rehire. Allowing employers to forego pre-employment testing for drivers who were in a testing program within the previous 90 days will provide relief from the administrative burdens and costs associated with administering tests and allow them to return drivers to the workforce in a more efficient manner, thus promoting job creation and economic growth.”

FMCSA temporarily waives certain pre-employment testing requirements