DOT COVID-19 Drug & Alcohol Testing Statement of Enforcement Discretion for Substance Abuse Professionals and Service Agents (Apr. 4, 2020)

The record

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)

Level

Federal

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)

Issued

2020-04-04 Apr. 4, 2020

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) (read as 2020-06-30)

In force

Apr. 4, 2020 to June 30, 2020

Quarters

2020 Q2

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Health care ordersWorkplace rulesOther

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

Functions reached

• 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

Character

context

Collection

Aviation and surface-transport regulators AGY-AVIATION-SURFACE

Operative words

"On 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]...." Ordinarily a SAP "must conduct a face-to-face assessment and evaluation of an employee who has violated DOT drug and alcohol regulations" and the evaluation "must be done 'in person' and is essential to the SAP process"; DOT "is 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"; the policy is "effective 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." "The Department will consider these service agents qualified per Part 40 to continue providing the Part 40 required services while this policy is in effect."

Enforcement

Notes