DOT/FMCSA Formal Notices

The FMCSA has released violation data for the fiscal year 2021 and the numbers indicate some alarming data: of every 100 carriers who get audited by the DOT, less than 6 pass without a violation. And the remaining 94.5 percent? By the time their audit is complete, they have an average of six violations.

No doubt—as you know—there are many rules and regulations to comply with in the transportation industry, from federal regulations to various state regulations, from recordkeeping to the physical condition of your drivers,

On March 23, 2020, the U.S. Department of Transportation (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.

The U.S. Department of Labor announced the withdrawal of a rule that would have made it harder to prove workers were employees rather than independent contractors under the Fair Labor Standards Act.

On behalf of the NorthAmerican Transportation Association (NTA), a transportation association representing the combined interests of all our transportation-related companies in the United States.

The DOT has Issued a final rule on Monday that implements the authority of the Federal Motor Carrier Safety Administration (FMCSA) to assess for violation of the Clearinghouse, at 49 CFR part 382 subpart G of the Code of Federal Regulations.

On December 9, 2020, the Office of Drug and Alcohol Policy and Compliance updated its Statement of Enforcement Discretion for Substance Abuse Professionals and Service Agents guidance document. The guidance is now effective until June 30, 2021.

On September 10, 2020, Substance Abuse and Mental Health Services Administration (SAMHSA), HHS (Health and Human Services Department) proposed scientific and technical guidelines for the inclusion of hair specimens in its Mandatory Guidelines for Federal Workplace Drug Testing Programs. This is an early step to authorize hair specimens for regulated drug testing of Federal agencies and contractors.

On March 23, 2020, the U.S. Department of Transportation (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. On April 4, 2020, ODAPC provided supplemental information specific to performing remote evaluations by Substance Abuse Professionals (SAP) and the re-qualification timelines for collectors, Medical Review Officers (MRO), Screening Test Technicians (STT) and Breath Alcohol Technicians (BAT), and SAPs. As published on April 4, 2020, this statement was effective through June 30, 2020. On June 17, 2020 the guidance was extended to September 30, 2020. As of September 22, 2020, ODAPC has extended the statement and it continues to be effective through December 31, 2020.