{"id":"AGY-AVIATION-SURFACE-045","kind":"context","level":"federal","jurisdiction":"United States (U.S. Department of Transportation, Office of Drug and Alcohol Policy and Compliance; all DOT-regulated employers in aviation, trucking, rail, transit, pipelines and maritime)","state":"","metro":"","industry":"","agency":"AVIATION-SURFACE","eco":"","issuer":"U.S. Department of Transportation, Office of Drug and Alcohol Policy and Compliance (ODAPC)","authority":"49 C.F.R. part 40 and DOT enforcement discretion; the modal testing rules (14 C.F.R. part 120; 49 C.F.R. parts 199, 219, 382, 655)","instrument":"DOT COVID-19 Drug \u0026 Alcohol Testing Statement of Enforcement Discretion for Substance Abuse Professionals and Service Agents (Apr. 4, 2020)","title":"DOT COVID-19 Drug \u0026 Alcohol Testing Statement of Enforcement Discretion for Substance Abuse Professionals and Service Agents","dateIssued":"2020-04-04","effective":"2020-04-04","end":"2020-06-30 or the end of the HHS public health emergency, whichever sooner; extended June 17, Sept. 22 and Dec. 9, 2020 and May 27, 2021 (Ex. 046)","startDate":"2020-04-04","endDate":"2020-06-30","quarters":["2020Q2"],"types":["EMP","HC","OTHER"],"addressees":["DOT-regulated employers (airlines, motor carriers, railroads, transit agencies, pipeline operators)","substance abuse professionals, medical review officers, collectors and other service agents","safety-sensitive employees returning to duty"],"clause":"\u0022On March 23, 2020, the DOT Office of Drug and Alcohol Policy and Compliance (ODAPC) provided guidance about the impact of the Coronavirus Disease 2019 (COVID-19) public health emergency on DOT drug and alcohol testing requirements for employers, employees, and service agents. ODAPC is providing supplemental information specific to performing remote evaluati[ons]....\u0022 Ordinarily a SAP \u0022must conduct a face-to-face assessment and evaluation of an employee who has violated DOT drug and alcohol regulations\u0022 and the evaluation \u0022must be done \u0027in person\u0027 and is essential to the SAP process\u0022; DOT \u0022is providing this flexibility for service agents that cannot meet their re-qualification requirements by their respective due dates due to restrictions imposed by Federal, State and local authorities, and health agencies related to the COVID-19 national emergency\u0022; the policy is \u0022effective while the Department of Health and Human Services determination that a public health emergency related to COVID-19 exists is in effect or through June 30, 2020, whichever is sooner.\u0022 \u0022The Department will consider these service agents qualified per Part 40 to continue providing the Part 40 required services while this policy is in effect.\u0022","enforcement":"49 C.F.R. part 40; modal civil penalties for testing-program violations (suspended for the defined class)","functions":["HR pre-employment, random and return-to-duty drug and alcohol testing for every safety-sensitive transportation employee (drivers, pilots, mechanics, dispatchers, train crews, transit operators)","WF return-to-duty of employees awaiting SAP evaluations","OP collection sites and clinics closed or limited under State orders"],"notes":"DOT\u0027s own statement that Federal, State and local COVID-19 restrictions prevented in-person collections and evaluations required of every trucking, airline, rail, transit and pipeline employer; reaches the hiring function (pre-employment tests) of the logistics and transportation industries.","sourceUrl":"https://www.transportation.gov/sites/dot.gov/files/2020-04/DOT_Statement_of_Enforcement_Discretion_SAPs_and%20Service_Agents_0.pdf","snapshot":"http://web.archive.org/web/20201029191551/https://www.transportation.gov/sites/dot.gov/files/2020-04/DOT_Statement_of_Enforcement_Discretion_SAPs_and%20Service_Agents_0.pdf","fileExists":true,"fileBytes":108627,"grade":"primary","character":"context","description":"","collection":"AGY-AVIATION-SURFACE","url":"/library/AGY-AVIATION-SURFACE-045","exhibitUrl":"/exhibit/AGY-AVIATION-SURFACE-045","citation":"U.S. Department of Transportation, Office of Drug and Alcohol Policy and Compliance (ODAPC), DOT COVID-19 Drug \u0026 Alcohol Testing Statement of Enforcement Discretion for Substance Abuse Professionals and Service Agents (Apr. 4, 2020) (Ex. AGY-AVIATION-SURFACE-045)","stateName":"","related":[]}