Employment Law Blog

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Feb 28, 2012

FMCSA clarifies drug testing regulations

Drug and Alcohol 
The Federal Motor Carrier Safety Administration (FMCSA) recently amended its drug testing regulations for drivers of commercial motor vehicles.

The Federal Motor Carrier Safety Administration (FMCSA) recently amended its drug testing regulations for drivers of commercial motor vehicles. The new regulation:

 

  • Clarifies that drivers are prohibited from using drugs on the Drug Enforcement Administration (DEA)’s Schedule I list under any circumstances. Schedule 1 drugs are those that the DEA says have a high potential for abuse and have no currently accepted medical use. Examples include marijuana, heroin, LSD, peyote, methamphetamines, and ecstasy. For other drugs and substances listed on the DEA’s other schedules, the driver is prohibited from using them unless a licensed medical practitioner who is familiar with the driver’s medical history advises the driver that the use won’t adversely affect safe operation of the commercial motor vehicle.
  • Prohibits drivers from refusing to submit to a required pre-employment drug test or a return-to-duty drug or alcohol test. This means that these drivers will be subject to the same referral, evaluation, and treatment steps that are required when drivers refuse other types of tests.

 

The FMCSA is an agency within the U.S. Department of Transportation (DOT). The changes take effect on February 29, 2012 (77 Fed Reg 4479, Jan. 30, 2012).

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