FMCSA Extends Waiver Period for Certain Pre-Employment Drug Tests from 30 to 90 Days

Employers who wish to take advantage of an extended 90-day waiver period recently announced by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) must ensure three things: The driver has participated in a controlled substance testing program that meets the requirements of this part within the previous 30 days [now 90 days]; while participating in that program, either 1. Was tested for controlled substances within the past 6 months (from the date of application with the employer) or 2. Participated in the random controlled substances testing program for the previous 12 months (from the date of application with the employer); and the employer ensures that no prior employer of the driver of whom the employer has knowledge has records of a violation of 49 CFR Part 382 or the controlled substances use the rule of another DOT agency within the previous six months. The waiver period is in effect from June 5, 2020, through September 30, 2020.


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