The Federal Motor Carrier Safety Administration (“FMCSA”) has published another final rule, which is now in effect. This rule addresses the drug use of commercial motor vehicles drivers, and the FMCSA aims to eliminate inconsistencies in at least three areas. First, the final rule amends the physical qualifications for commercial motor vehicle (“CMV”) drivers to clarify that drivers may not, under any circumstances, use Schedule I drugs (drugs and substances on the DEA’s controlled substance schedules) and be qualified to drive a CMV. Secondly, the FMCSA have replaced the term “actual knowledge” throughout certain sections with the word “knowledge,” clarifying that the relevant prohibitions refer to the knowledge of test results, not employer observation of prohibited conduct. Lastly, the final rule makes their regulation consistent with DOT-wide drug and alcohol testing rules by including pre-employment and return-to-duty testing as additional prohibitions to drivers refusing to submit to post-accident, random, reasonable suspicion, or follow-up drug or alcohol tests.
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