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DOT/FAA GUIDANCE ON COMPLIANCE WITH DOT DRUG AND ALCOHOL TESTING REGULATIONS

April 8, 2020

On March 23, 2020, the DOT issued guidance, available here, to provide clarity to DOT-regulated employers, employees, and service agents on conducting DOT drug-and-alcohol testing given concerns about the Coronavirus Disease 2019 (COVID-19). The DOT guidance recommends:

DOT-regulated employers must comply with applicable DOT training and testing requirements. However, DOT recognizes that compliance may not be possible in certain areas due to the unavailability of program resources, such as collection sites and personnel. Employers should make a reasonable effort to locate the necessary resources.
Employers must continue to comply with existing applicable requirements to document why a test was not completed.
Employers should review applicable DOT requirements for testing to determine whether flexibilities allow for collection and testing at a later date.
Employers be sensitive to employees who indicate they are not comfortable or are afraid to go to clinics or collection sites.
Employers should revisit back-up plans to ensure the plans are current and effective for the current outbreak conditions.

In addition to the DOT general guidance above, FAA issued more specific guidance, available here, for FAA regulated entities, which recommends:

Random Testing – Disruptions to current testing schedule should be made up by the end of the year in order to achieve the required 25% rate for drug testing and 10% for alcohol testing. Employers should document in writing what specific actions taken and reasons why they were unable to conduct tests on employees who were selected;
Pre-Employment Testing – There are no exceptions for these provisions;
Return-to-Duty Testing –Employers may not allow safety sensitive employees return until the return-to-duty test is conducted and employers have a negative result;
Follow-Up Testing – If follow-up drug or alcohol testing cannot be completed due to an employee being furloughed, his or her follow-up testing plan stops during the extended absence.
FAA again notes that, as the COVID-19 outbreak poses a novel public health risk, employers are asked to be sensitive to employees who indicate they are not comfortable or are afraid to go to clinics or collection sites;