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The FMCSA released a short-term waiver in regards to pre-employment testing for laid off or furloughed FMCSA regulated drivers returning to work.
This waiver would extend, from 30 days to 90 days, the period under which drivers would qualify for the pre-employment testing exception under 49 CFR 382.301(b). 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 of 49 CFR part 382 within the previous 90 days of hire or rehire.
This waiver is effective from June 5th to September 30th. There are certain conditions that a driver must meet to be exempted from pre-employment testing, including:
The driver has participated in a controlled substances testing program that meets the requirements of this part within the previous 30 days; and
While participating in that program, either:
Was tested for controlled substances within the past 6 months (from the date of application with the employer), or
Participated in the random controlled substances testing program for the previous 12 months (from the date of application with the employer); and
The employer ensures that no prior employer of the driver of whom the employer has knowledge has records of a violation of [part 382] or the controlled substances use rule of another DOT agency within the previous six months.
According to the FMCSA, one of the goals of this three month waiver is to “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.”
If you have any additional questions please reach out to your customer care representative.