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FMCSA Announces "Enforcement Discretion" for Annual Drug/Alcohol Testing

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Last week, the Federal Motor Carrier Safety Administration (FMCSA) published a “Notice of Enforcement Discretion Determination” (NEDD) announcing that due to COVID-19 FMCSA may not enforce annual minimum, random drug and alcohol testing requirements. FMCSA stated that, “In some regions of the United States, motor carrier employers subject to controlled substance (drug) and alcohol testing under 49 CFR part 382 may be unable to comply with certain testing requirements due to the ongoing impacts of the emergency.” FMCSA continued, “In recognition of these barriers to full compliance in some locations, the Agency may exercise discretion to determine not to enforce the minimum annual percentage random testing rates for drugs and alcohol…”.

The notice was very clear in stating that, “FMCSA emphasizes, however, that employers capable of meeting these requirements must continue to do so.” The notice also attaches specific requirements for those covered entities taking advantage of the NEDD, such as written documentation for non-compliance, documentation of closed testing facilities and recording steps taken to make alternative arrangements for testing.

Click here to review the NEDD. For more information, contact  Kevin Walgenbach at


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