Regulatory Update

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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…

The New Jersey Cannabis Regulatory Commission (the “Commission”) published the first set of rules and regulations on August 19, 2021 governing recreational cannabis use in New Jersey (“Personal-Use Cannabis Rules”) under the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”).  Those regulations do not include standards for employers to utilize a Workplace Impairment Recognition…

The Substance Abuse and Mental Health Services Administration (SAMHSA), U.S. Department of Health and Human Services (DHHS), proposed scientific and technical guidelines for hair drug testing in federal workplace drug testing programs in the Federal Register on September 10, 2020. The proposed Mandatory Guidelines for Federal Workplace Drug Testing Programs Using Hair (HMG) will allow…

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…

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) published a notice of proposed rulemaking (NPRM) on April 28, 2020 seeking to prohibit State Driver’s Licensing Agencies (SDLAs) from issuing, renewing, upgrading, or transferring a commercial driver’s license (CDL) or commercial learner’s permit (CLP) for individuals prohibited from driving a commercial motor vehicle…

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration issued a “Waiver in Response to COVID-19 Emergency” on March 24, 2020 concerning renewals of licenses and medical certifications for holders of commercial drivers’ licenses (CDL), commercial learner’s permit (CLP) holders, and other interstate drivers operating commercial motor vehicles. The waiver took effect on March…

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration issued guidance on March 24, 2020 to address potential disruptions to mandated drug and alcohol testing during the COVID-19 crisis. The FMCSA guidance, which will remain in effect until June 30, 2020, states in pertinent part:

The Federal Motor Carrier Safety Administration (FMCSA) regulations provide…

The Federal Motor Carrier Safety Administration announced on March 13, 2020 that due to the COVID-19 outbreak, an emergency exists that warrants an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations for certain motor carriers and their drivers.  Specifically, the Emergency Declaration provides regulatory relief for commercial motor vehicle operations…

The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2020. The Federal Motor Carrier Safety Administration has raised its random drug testing rate to 50% for 2020. All other random testing rates remain unchanged from 2019.

Agency 2020 Random Drug Testing Rate 2020 Random Alcohol Testing Rate

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