The U.S. Department of Transportation (DOT) published new regulations in the Federal Register on May 2, 2023 that will allow covered employers to use oral fluid testing for drugs. While the new rules technically become effective on June 1, 2023, employers may not conduct oral fluid testing until the U.S. Department of Health and Human
DOT Testing Issues
DOT Proposes New Guidance For Medical Examiners To Address CBD Use By Commercial Motor Vehicle Drivers
The U.S. Department of Transportation, Federal Motor Carrier Safety Administration (FMCSA) published a proposed draft Medical Examiner’s Handbook (MEH), including updates to the Medical Advisory Criteria, in the Federal Register on August 16, 2022. The FMCSA’s regulations provide the basic driver physical qualification standards for commercial motor vehicle (CMV) drivers, in 49 CFR 391.41 through…
U.S. Department of Transportation Publishes Proposed Rules For Oral Fluid Drug Testing
The U.S. Department of Transportation (DOT) published in the Federal Register on February 28, 2022 a notice of proposed rulemaking for oral fluid drug testing of transportation employees covered by federal regulations. DOT stated that the addition of oral fluid drug testing will give employers a choice to help combat employee cheating on urine drug…
Court Upholds Termination of Employee Who Used Prescription Medication That Was Prescribed 5 Years Earlier
A federal court in Indiana dismissed the disability discrimination and retaliation claims of a DOT-regulated driver who failed a random drug test due to prescription opioid use, holding that he did not sufficiently adhere to the employer’s policy or DOT regulations when he failed to produce a Safety Concern Letter from the prescribing physician. Ross…
DOT-Regulated Employers: Revised CCF Must Be Used As Of August 30, 2021
Employers who are regulated by the U.S. Department of Transportation and their service agents (collectors, laboratories and Medical Review Officers) must ensure that they use the revised Federal Custody and Control Form (“CCF”) as of August 30, 2021. The revised CCF can be viewed here. Last year, the Office of Management and Budget approved…
FMCSA Issues Reminder To CDL Drivers Regarding Use Of CBD Products
The U.S. Department of Transportation Federal Motor Carrier Safety Administration issued a “Clearinghouse Update” on May 27, 2021 reminding commercial motor vehicle drivers who are regulated by the FMCSA that they should exercise caution when considering whether to use hemp and cannabidiol (CBD) products. Specifically, the update stated that it is important for all employees…
DOT Random Drug and Alcohol Testing Rates for 2021
The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2021. The random test rates did not change for 2021.
Agency | 2021 Random Drug Testing Rate | 2021 Random Alcohol Testing Rate |
Federal Aviation Administration |
25% | 10% |
Federal Motor Carrier Administration |
50% | 10% |
Federal Railway Administration |
…
DOT Extends Period of Enforcement Discretion For SAPs and Service Agents
The U.S. Department of Transportation’s (“DOT”) Office of Drug and Alcohol Policy Compliance (“ODAPC”) has again extended its April 4, 2020 Statement of Enforcement Discretion for Substance Abuse Professionals and Service Agents, effective September 22, 2020. The Statement of Enforcement Discretion previously was extended in June and will now remain in place until December 31,…
FMCSA Announces It May Not Enforce Minimum Required Random Drug and Alcohol Test Rates During 2020
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration issued a Notice of Enforcement Discretion Determination on July 6, 2020 concerning random drug and alcohol testing during calendar year 2020. Due to the coronavirus pandemic, FMCSA stated that it recognizes that covered motor carriers may not be able to comply with certain testing requirements…
FMCSA Extends Waiver Period For Certain Pre-Employment Drug Tests From 30 to 90 Days
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (“FMCSA”) announced on June 5, 2020 an extension of the waiver period that is available when a commercial motor vehicle driver has been out of the random testing pool for 30 days or more and then returns to work. Ordinarily, an absence of 30 days…