FMCSA Announces Three-Month Waiver – Extends Part 382.301(b)
The FMCSA posted a waiver on June 5th granting a three-month waiver from certain pre-employment testing requirements applicable to employers of commercial motor vehicle drivers. This waiver extends the provision of Part 382.301(b) from 30 days to 90 days in which employers may waive the pre-employment test requirement for drivers who have been out of a random testing pool due to layoff, furlough, or otherwise having been removed from a safety sensitive position. Employers must ensure the exception of Part 382.301 is met, with the extension of time from 30 to 90 days and must comply with the Clearinghouse requirements.
The waiver issue is dated June 5, 2020 and expires September 30, 2020 and is subject to the following terms and conditions:
Terms, Conditions, and Restrictions of the Waiver
This waiver covers employers of drivers subject to the requirements of 49 CFR part 382 for the period beginning at 12:01 a.m. (ET) on June 5, 2020, and continuing through 11:59 p.m. on September 30, 2020.
- (1) Employers must verify that the driver participated in the controlled substances testing specified in § 382.301(b)(2)(i) and (ii) and had no recorded violations of another DOT agency’s controlled substances use regulations within the previous 6 months;
- (2) Employers must comply with the Clearinghouse pre-employment query requirement set forth in 49 CFR 382.701(a);
- (3) Employers must not allow a driver to perform any safety-sensitive function if the results of a Clearinghouse pre-employment query demonstrate that the driver is prohibited from doing so, in accordance with 49 CFR 382.701(d);
- (4) Employers must complete the investigations and inquiries required by 49 CFR §§ 40.25, 382.413, and 391.23;
- (5) Accident Notification. Each employer must notify FMCSA within 5 business days of an accident (as defined in 49 CFR 390.5), involving any driver operating under the terms of this waiver. See 49 CFR 390.15(b) (requiring maintenance of accident registry). Notification shall be by email to MCPSD@DOT.GOV. The notification must specify that the driver was operating under the terms of this waiver and must include the following information:
- i. Date of the accident;
- ii. City or town, and State in which the accident occurred, or closest to the accident scene;
- iii. Driver’s name and license number;
- iv. Vehicle number and State license number;
- v. Number of individuals suffering physical injury;
- vi. Number of fatalities;
- vii. The police-reported cause of the accident (if available at time of the report); and
- viii. Whether the driver was cited for violation of any traffic laws, or motor carrier safety regulations; and
- (6) FMCSA reserves the right to revoke this waiver due to drivers’ involvement in accidents or employers’ failure to comply with the terms of this waiver.