What is the new drug and alcohol testing rule for motor carriers who lease drivers from a staffing agency?
The Federal Motor Carrier Safety Administration (FMCSA) published a notice of enforcement guidance on December 23, 2016, which went into effect immediately. The guidance states, “A motor carrier that leases one or more CDL drivers from a driver staffing agency is responsible for ensuring that each leased driver is participating in a compliant DOT drug and alcohol testing program. The motor carrier remains responsible at all times for ensuring compliance with all of the rules, including random testing for all drivers which they use, regardless of any utilization of third parties to administer parts of the program. Therefore, to use another’s program, an employer must make the other program, by contract, consortium agreement, or another arrangement, the employer’s own program.”
The motor carrier will be held responsible for any non-compliance by the driver staffing agency. Among other requirements, all drug and alcohol testing records must be made available to the employer within two business days, and the employer must be notified of any positive test result.
CALL TO ACTION
- Establish a company drug and alcohol testing program
- Implement a “zero tolerance” policy for positive drug and alcohol test results
- Require driver managers, dispatchers, and supervisors to complete reasonable suspicion training
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