July 7, 2020
The FMCSA has announced that it will grant enforcement discretion to motor carriers unable to meet the 50% random drug testing requirements under 49 CFR part 382. This notice gives carriers enforcement discretion when enforcing the random controlled substance and alcohol testing requirements.
The FMCSA’s notice is not a suspension of the current random testing requirements, including the 50% testing rate. Employers capable of meeting the requirements must continue to do so.
Document why they’re unable to meet the rate requirements. The FMCSA recognizes that are barriers to full compliance in some locations. Employers who are unable to meet the random drug and/or alcohol testing rates must maintain written documentation of the specific reasons for non-compliance. This includes, for example, “documentation of closures or restricted use of testing facilities or the unavailability of testing personnel.”
Additionally, employers should “document actions taken to identify alternative testing sites or other testing resources.”
Select the correct percentages of drivers. Employers must continue to select drivers at the required rate of 50% of their average number of driver positions for controlled substances, and 10% for random alcohol testing during the calendar year 2020.
Document why they’re unable to meet calendar requirements. Employers who are unable to ensure that the dates for administering random controlled substances and alcohol tests are spread reasonably throughout the calendar year should document the specific reasons why they did not meet this requirement.
This notice pertains to employers’ noncompliance, during calendar year 2020. Next year, the FMCSA may exercise enforcement discretion in connection with motor carrier investigations occurring in calendar year 2021.