On June 5th, 2020, the FMCSA released an update providing a waiver of the requirements for certain pre-employment testing situations. The FMCSA requires that any new driver, pursuant to 49 CFR 382.301(a) must take a pre-employment drug test to be able to drive under FMCSA regulations. This requirement also applies each time a driver returns to work after a furlough, lay-off, or other period of unemployment for more than 30 days when the driver does not continue to be subject to random controlled substances testing in accordance with 49 CFR 382.305.      

The update from the FMCSA provides an exception to the requirement that a driver have a pre-employment test after a furlough given that any of the following circumstances applies to the driver:

  • the driver has participated in a controlled substances testing program that meets the requirements of 49 CFR part 382 within the previous 30 days   
  • and, if while participating in that program, 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 to these requirements to forgo administration of a pre-employment drug test after a furlough lasting more than 30 days, 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. 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).

In essence, this waiver ending September 30th, 2020, 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.

Call Lobdock Impairment Detection at 405-822-0553 if you have any questions. We’re your drug and alcohol testing experts. We simplify workplace safety.


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