Transportation employers get a break on random testing

The FMCSA will exercise "enforcement flexibility."

The Federal Motor Carrier Safety Administration announced last week that it will be flexible when, due to COVID-19, transportation employers are unable to comply with the minimum annual percentage rates for random substance abuse testing, or are unable to space the test dates "reasonably throughout the calendar year."

The announcement emphasizes that these requirements are still in effect and that employers who are able to comply must do so.

If an employer is unable to comply with either the minimum percentage rate requirement or the timing requirement because of COVID-19, then the FMCSA says that the employer should document the "specific reasons" that it was unable to comply. Examples given by the FMCSA include "lack of available testing facilities or personnel" and "prolonged or intermittent driver furloughs."

The flexible enforcement position will be in effect through the end of this year, and could be extended into 2021.

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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