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DOT and FMCSA Employer Alert Re: Testing in COVID-19

The U.S. Department of Transportation Federal Motor Carrier Safety Administration (DOT FMCSA) transmitted an e-mail reminder this morning, March 31, 2020, concerning COVID-19 and DOT, FMCSA Guidance on Compliance with Testing. The DOT Guidance on Compliance with DOT Drug and Alcohol Testing Regulations can be found here: https://www.transportation.gov/odapc/compliance-with-dot-drug-and-alcohol-testing-regulations

As part of the notice,  a guidance document from FMCSA was also shared with recommended actions for FMCSA-regulated employers unable to conduct alcohol and drug testing due to COVID-19 https://www.fmcsa.dot.gov/emergency/fmcsa-covid-19-drug-alcohol-testing-guidance

The cover message states that the FMCSA guidance is in effect until May 30, 2020. However, please note that the FMCSA Guidance Document accessed at the link https://www.fmcsa.dot.gov/emergency/fmcsa-covid-19-drug-alcohol-testing-guidance  states that the guidance is in effect until June 30, 2020. Such disconnect will likely be clarified at a later date. In the meantime,  we know for sure that the guidance is in effect until at least May 30, 2020.

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