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Ex. AGY-AVIATION-SURFACE-045 Context (guidance or announcement) Primary source read

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

DOT COVID-19 Drug & Alcohol Testing Statement of Enforcement Discretion for Substance Abuse Professionals and Service Agents

U.S. Department of Transportation, Office of Drug and Alcohol Policy and Compliance (ODAPC) · 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) (Federal)

The COVID Project
Context, not an order

This record is guidance or an announcement kept for context. It is not counted among the orders in force.

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
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

49 C.F.R. part 40; modal civil penalties for testing-program violations (suspended for the defined class)

Notes

DOT's 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.

Retrieval note

The March 23, 2020 ODAPC employer guidance it references was not separately retrieved.