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Home > Federal Law Articles > Government Agencies > DOT

Articles Discussing The Department Of Transportation.

U.S. Department of Transportation Allows Oral Fluid Drug Testing

May 16, 2023 Filed Under: DOT

Jackson Lewis

The U.S. Department of Transportation (DOT) published new regulations in the Federal Register on May 2, 2023 that will allow covered employers to use oral fluid testing for drugs.  While the new rules technically become effective on June 1, 2023, employers may not conduct oral fluid testing until the U.S.

U.S. Department of Transportation Adopts Oral Fluid Testing for Regulated Drug and Alcohol Programs

May 14, 2023 Filed Under: DOT

Littler

New DOT regulations cover oral fluids specimen testing for workplace drug and alcohol testing programs. The regulations affect drug and alcohol testing programs covering an estimated eight million transportation workers.

U.S. Department of Transportation Approves Oral Fluid Testing for Drug Testing

May 9, 2023 Filed Under: DOT

On May 2, 2023, the U.S. Department of Transportation (DOT) published a final rule amending its regulated industry drug testing program to allow for oral fluid testing.

Motor Carrier Employers May Conduct Safety Performance History Investigations in FMCSA Clearinghouse as of January 6, 2023

November 30, 2022 Filed Under: DOT

Jackson Lewis

Beginning January 6, 2023, motor carrier employers subject to the regulations of the Federal Motor Carrier Safety Administration (FMCSA) may conduct part of the safety performance history investigation that is required for all driver-applicants in the FMCSA Clearinghouse.  Specifically, employers are required by 49 CFR § 391.23(e)(1) – (3) to

DOT Proposes New Guidance For Medical Examiners To Address CBD Use By Commercial Motor Vehicle Drivers

September 7, 2022 Filed Under: DOT

Jackson Lewis

The U.S. Department of Transportation, Federal Motor Carrier Safety Administration (FMCSA) published a proposed draft Medical Examiner’s Handbook (MEH), including updates to the Medical Advisory Criteria, in the Federal Register on August 16, 2022.  The FMCSA’s regulations provide the basic driver physical qualification standards for commercial motor vehicle (CMV) drivers,

DOT Random Drug and Alcohol Testing Rates for 2022

January 19, 2022 Filed Under: DOT

Jackson Lewis

The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2022.  The random test rates did not change, except for maintenance-of-way workers under the Federal Railway Administration’s regulations.

Agency 2022 Random Drug Testing Rate 2022 Random Alcohol Testing Rate

Federal Aviation Administration

Court Upholds Termination of Employee Who Used Prescription Medication That Was Prescribed 5 Years Earlier

September 24, 2021 Filed Under: DOT

Jackson Lewis

A federal court in Indiana dismissed the disability discrimination and retaliation claims of a DOT-regulated driver who failed a random drug test due to prescription opioid use, holding that he did not sufficiently adhere to the employer’s policy or DOT regulations when he failed to produce a Safety Concern Letter

DOT-Regulated Employers: Revised CCF Must Be Used As Of August 30, 2021

August 25, 2021 Filed Under: DOT

Jackson Lewis

Employers who are regulated by the U.S. Department of Transportation and their service agents (collectors, laboratories and Medical Review Officers) must ensure that they use the revised Federal Custody and Control Form (“CCF”) as of August 30, 2021.  The revised CCF can be viewed here.  Last year, the Office of

DOT Random Drug and Alcohol Testing Rates for 2021

February 9, 2021 Filed Under: DOT

Jackson Lewis

The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2021.  The random test rates did not change for 2021.

 

Agency 2021 Random Drug Testing Rate 2021 Random Alcohol Testing Rate Federal Aviation Administration

 

25% 10%

DOT Extends Period of Enforcement Discretion For SAPs and Service Agents

September 25, 2020 Filed Under: DOT

Jackson Lewis

The U.S. Department of Transportation’s (“DOT”) Office of Drug and Alcohol Policy Compliance (“ODAPC”) has again extended its April 4, 2020 Statement of Enforcement Discretion for Substance Abuse Professionals and Service Agents, effective September 22, 2020. The Statement of Enforcement Discretion previously was extended in June and will now remain

FMCSA Announces It May Not Enforce Minimum Required Random Drug and Alcohol Test Rates During 2020

July 10, 2020 Filed Under: DOT

Jackson Lewis

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration issued a Notice of Enforcement Discretion Determination on July 6, 2020 concerning random drug and alcohol testing during calendar year 2020. Due to the coronavirus pandemic, FMCSA stated that it recognizes that covered motor carriers may not be able to

FMCSA Extends Waiver Period For Certain Pre-Employment Drug Tests From 30 to 90 Days

June 12, 2020 Filed Under: DOT

Jackson Lewis

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (“FMCSA”) announced on June 5, 2020 an extension of the waiver period that is available when a commercial motor vehicle driver has been out of the random testing pool for 30 days or more and then returns to work. Ordinarily,

FMCSA Proposes New Licensing Rules To Prevent Driving By CMV Drivers With Drug and Alcohol Program Violations

May 12, 2020 Filed Under: DOT

Jackson Lewis

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) published a notice of proposed rulemaking (NPRM) on April 28, 2020 seeking to prohibit State Driver’s Licensing Agencies (SDLAs) from issuing, renewing, upgrading, or transferring a commercial driver’s license (CDL) or commercial learner’s permit (CLP) for individuals prohibited from

FMCSA Waives Certain License Renewals, Medical Card Renewals, and Requires Reporting of Accidents For Drivers Operating Under Waiver

April 9, 2020 Filed Under: DOT

Jackson Lewis

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration issued a “Waiver in Response to COVID-19 Emergency” on March 24, 2020 concerning renewals of licenses and medical certifications for holders of commercial drivers’ licenses (CDL), commercial learner’s permit (CLP) holders, and other interstate drivers operating commercial motor vehicles. The

FMCSA Addresses Potential Disruptions To Drug And Alcohol Testing During COVID-19 Crisis

March 31, 2020 Filed Under: DOT

Jackson Lewis

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration issued guidance on March 24, 2020 to address potential disruptions to mandated drug and alcohol testing during the COVID-19 crisis. The FMCSA guidance, which will remain in effect until June 30, 2020, states in pertinent part:

The Federal Motor Carrier

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