In response to the COVID-19 emergency, the Federal Motor Carrier Safety Administration has issued a waiver to allow employers to forgo administration of a pre-employment drug test if the driver has participated in a controlled substances testing program that meets the requirements of 49 CFR part 382 within the previous 90 days.  The regulations previously in effect required the driver to have been in drug testing program within the prior 30 days. The waiver further requires that the driver either: (i) was tested for controlled substances within the past 6 months or (ii) participated in the random controlled substances testing program for the previous 12 months. In addition, under the exception, the employer would be required to ensure that no prior employer of the driver has records of a violation of 49 CFR Part 382 or the controlled substances use rule of another DOT agency within the previous six months.

The waiver is intended to assist employers in clearing drivers for commercial motor vehicle service when returning from furloughs or layoffs where they have not been subject to drug testing requirements. The employer is also required to perform a pre-employment query of the Drug and Alcohol Clearinghouse, make the inquiries required of prior employers under 49 CFR 382.413, and request a driver’s motor vehicle record under 49 CFR 391.23. The waiver will remain in effect through September 30, 2020.