FMCSA has issued a notice in the Federal Register indicating that drug and alcohol testing requirements for commercial motor vehicle (CMV) drivers will be the responsibility of the staffing agency that employs “intermittent, casual or occasional” drivers to help meet industry business demands.

This ruling applies to CMV drivers who work for another employer for any period of less than 30 consecutive days.

If a leased driver operates for a motor carrier employer for more than 30 consecutive days, the driver should be included in that motor carrier employer’s random testing pool, and that employer should assume full responsibility under its own DOT drug and alcohol testing program.

The staffing agency directly employs the driver and pays the driver’s wages and employment taxes, and if staffing agencies choose, they can be responsible for ensuring compliance with all DOT drug and alcohol testing requirements for their commercial drivers.

Employers and staffing agencies are subject to record keeping requirements as well.

A motor carrier that leases one or more CDL drivers from a driver staffing agency is responsible for ensuring that each leased driver is participating in a compliant DOT drug and alcohol testing program. The enforcement guidance is effective immediately.

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