Today the Federal Motor Carrier Safety Administration issued guidance for employers that is designed to assist them in complying with their drug and alcohol testing obligations during the coronavirus pandemic. The guidance will be in effect through June 30.
Although we strongly recommend that employers read through the entire guidance, here are some very brief highlights:
Random tests: If random testing is delayed or incomplete because of the pandemic, the employer should document the specific reasons for the delay, and its efforts to conduct the tests. The testing should be completed by the end of 2020.
Pre-employment tests: In most cases, the employer will not be allowed to place an individual in a safety-sensitive position until he or she has tested negative in a pre-employment test.
Post-accident tests: If post-accident testing cannot be performed because of the pandemic, the employer should document the specific reasons for the delay.
Reasonable suspicion tests: If reasonable suspicion testing cannot be performed because of the pandemic, the employer should document the specific reasons that testing was not possible, its efforts to have the test performed, and the facts that led to the reasonable suspicion.
Return-to-duty tests: An employee cannot be allowed to perform safety-sensitive duties unless he or she has tested negative.
Follow-up tests: If follow-up testing cannot be performed because of the pandemic, the employer should document the specific reasons, including its efforts to have the tests performed, and resume follow-up testing as soon as practicable.