FMCSA Extends Pre-Employment Drug Testing Waiver Due to Coronavirus

Coronavirus

Written By ESR News Blog Editor Thomas Ahearn

On June 8, 2020, the Federal Motor Carrier Safety Administration (FMCSA) – an administration within the U.S. Department of Transportation (DOT) – declared that the continuing Coronavirus (COVID-19) pandemic warranted the extension and modification of Emergency Declaration No. 2020-002 to continue the pre-employment drug testing exemption set to expire on June 14, 2020, through July 14, 2020, according to the FMCSA website.

This extension from the FMCSA – an administration within the U.S. Department of Transportation (DOT) – continues the drug testing exemption granted from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations (FMCSRs) for the fifty states and the District of Columbia as set forth below. This notice extends the exemption through July 14, 2020, subject to the restrictions and limitations set forth in the extension.

Emergency Declaration 2020-002 was issued following the declaration of a national emergency by President Donald Trump in response to the growing Coronavirus (COVID-19) pandemic, the public health emergency declared by the Health and Human Services Secretary, and the immediate risk COVID-19 presented to public health and welfare. Emergency Declaration 2020-002 was previously set to expire on June 14, 2020.

The FMCSA is continuing the exemption because the presidentially declared emergency remains in place and also to support direct emergency assistance for some supply chains. The FMCSA is extending Emergency Declaration 2020-002 to address national emergency conditions that create a need for transportation of essential supplies and providing necessary relief from the FMCSRs for motor carriers and drivers.

The extension of Emergency Declaration 2020-002 provides regulatory relief for commercial motor vehicle (CMV) operations providing COVID-19 assistance and is limited to transportation of livestock and livestock feed; medical supplies and equipment related to the testing, diagnosis, and treatment of COVID-19; and supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19.

The extension of Emergency Declaration 2020-002 is effective at 12:00 A.M. (ET), June 15, 2020, and shall remain in effect until 11:59 P.M. (ET), July 14, 2020, or until the revocation of thepresidentially declared COVID-19 national emergency, whichever is sooner. This Declaration extension and other FMCSA documents related to the COVID-19 national emergency are posted at www.fmcsa.dot.gov/COVID-19.

The FMCSA was established within the DOT on January 1, 2000, pursuant to the Motor Carrier Safety Improvement Act of 1999 to prevent commercial motor vehicle-related fatalities and injuries. To accomplish these activities, the Administration works with Federal, State, and local enforcement agencies, the motor carrier industry, labor and safety interest groups, and others. To learn more about FMCSA, visit www.fmcsa.dot.gov.

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