Drug and Alcohol Testing by Staffing Agencies

Drug and Alcohol Testing by Staffing Agencies.pdf

On December 23, 2016 (81 FR 94481) Federal Motor Carrier Safety Administration (FMCSA) issued a Notice of Enforcement Guidance addressing commercial driver staffing agencies that employ commercial drivers who are supplied to motor carriers to operate commercial motor vehicles (CMV). If these CMVs require a commercial driver's license (CDL), the drivers are subject to the U.S. Department of Transportation (DOT) controlled substances (drug) and alcohol testing regulations. Under the Federal Motor Carrier Safety Regulations (FMCSR), a driver staffing agency may qualify as an employer.  This enforcement guidance was made effective immediately upon release of the notice.