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March 28, 2020
The COVID-19 pandemic is interrupting, and in many cases, preventing compliance with the Department of Transportation’s (DOT) drug and alcohol testing regulations. On March 23, 2020, DOT published guidance on compliance with DOT drug and alcohol regulations that clarified some existing legal requirements but offered little in the way of practical solutions. On March 25, 2020, however, the Federal Motor Carrier Safety Administration (FMCSA) published clear, flexible guidance specific to FMCSA’s testing requirements to aid FMCSA-regulated employers unable to comply with FMCSA’s testing requirements due to COVID-19.
If the COVID-19 national emergency delays or prevents compliance with the requirements described below, FMCSA offers the following guidance and recommendations:
It bears repeating that the FMCSA guidance applies only when COVID-19 has interfered with testing—these are not blanket exceptions to FMCSA’s drug and alcohol testing requirements. This guidance will remain in effect until June 30, 2020.
Ogletree Deakins will continue to monitor and report on developments with respect to the COVID-19 pandemic and will post updates in the firm’s Coronavirus (COVID-19) Resource Center as additional information becomes available. Critical information for employers is also available via the firm’s webinar programs.