Special Edition V.27(April 2020)
CORONAVIRUS NEWS
Drug & Alcohol 2Q Selections
April 13, 2020

The MMTA drug and alcohol program with FLEET SCREEN is preparing to make second quarter selections. As a reminder, all quarterly selections must be completed within the quarter selected, so before June 30th.  

The current pandemic has created some concern regarding drug and alcohol testing. FMCSA has issued guidance regarding drug testing that MMTA has previously published. We are publishing the article again (yellow box below) as we are sure there will be questions regarding selections as they come out.

As a reminder, DER’s (other than owner/operators) may hold and spread out the selections within the selection period, as long as the driver is not notified of the selection in advance. Drivers, once told to proceed to testing, must do so immediately. The selection notice for owner/operators is notice of testing and therefore should be complied with as immediately as possible.

Please note at the end of the article that our program offers options for mobile collection services as an alternative to testing at a clinic should motor carriers choose this service.

Stay healthy and feel free to contact Tim at MMTA in the event you have questions or concerns.
FMCSA Publishes Drug & Alcohol Guidance
REPRINTED March 24, 2020

The FMCSA has published guidance related to drug and alcohol testing. The guidance addresses actions the motor carrier should take in the event they are not able to perform a DOT required test. In some cases, the employer is able to document why the test could not be completed. The guidance can be found here and is summarized below.

You'll note that this guidance does not exempt "prospective employees" from undergoing a pre-employment drug screen prior to performing safety sensitive functions. The guidance does reference existing regulations regarding drivers who have previously participated in a DOT drug testing program. If the prospective employee meets the conditions outlined in the regulations, carriers may be able to utilize this exemption in order to avoid a new pre-employment test. MMTA staff is available to walk you through this process for those carriers who may not be familiar.

Summary of guidance:

  • Random Testing – You are required by 49 CFR 382.305(k) to ensure that the dates for administering random alcohol and controlled substances tests are spread reasonably throughout the calendar year. DOT guidance further recommends that you perform random selections and tests at least quarterly. If, due to disruptions caused by the COVID-19 national emergency, you are unable to perform random selections and tests sufficient to meet the random testing rate for a given testing period in order to achieve the required 50% rate for drug testing, and 10% for alcohol testing, you should make up the tests by the end of the year. You should document in writing the specific reasons why you were unable to conduct tests on drivers randomly selected, and any actions taken to locate an alternative collection site or other testing resources.
  • Pre-Employment Testing – If you are unable to conduct a pre-employment controlled substances test, in accordance with 49 CFR 382.301(a), you cannot allow a prospective employee to perform DOT safety sensitive functions until you receive a negative pre-employment test result, unless the exception in 49 CFR 382.301(b) applies.
  • Post-Accident Testing – You are required to test each driver for alcohol and controlled substances as soon as practicable following an accident as required by 49 CFR 382.303. However, if you are unable to administer an alcohol test within 8 hours following the accident, or a controlled substance test within 32 hours following the accident, due to disruptions caused by the COVID-19 national emergency, you must document in writing the specific reasons why the test could not be conducted, as currently required. 
  • Reasonable suspicion testing – You should document in writing the specific reasons why the test could not be conducted as required; include any efforts you made to mitigate the effect of the disruption, such as trying to locate an alternative collection site. This documentation should be provided in addition to the documentation of the observations leading to a test, as required by 49 CFR 382.307(f). Follow current regulations addressing situations in which reasonable suspicion testing is not conducted, set forth in 49 CFR 382.307(e)(1), (2).
  • Return-to-duty (RTD) testing – In accordance with 49 CFR 40.305(a), you must not allow the driver to perform any safety-sensitive functions, as defined in 49 CFR 382.107, until the RTD test is conducted and there is a negative result.
  • Follow-up testing - If testing cannot be completed, you should document in writing the specific reasons why the testing could not be conducted as in accordance with the follow-up testing plan; you should include any efforts you made to mitigate the effect of the disruption, such as trying to locate an alternative collection site. You should conduct the test as soon as practicable.


NOTE: Should your normal collection site not be available, MMTA’s Drug and Alcohol Program collection site network offers the following mobile collectors as a potential resource. The cost exceeds our preferred collection site rate, and should be discussed with the collector.

  • Kimberly Eastup Mobile Onsite Drug and Alcohol – Kimberly Eastup – 207-671-2030 (located in Cumberland County)
  • Stonebrook Mobile Testing – Sheri Gee – 207-841-9505 (located in Androscoggin County)
  • OSCS Drug & Alcohol Mobile Testing – Cheryl Mahar – 207-557-7308 (located in Washington County) 
FMCSA Updates FAQ's on CDL's
April 13, 2020

Federal Motor Carrier Safety Administration (FMCSA) has compiled a list of responses to frequently asked questions (FAQs) regarding actions State Driver Licensing Agencies (SDLA) or commercial driver's license holders may take during the public health emergency related to Coronavirus Disease 2019 (COVID-19) that are permissible under the Federal Motor Carrier Safety Regulations (FMCSRs).

This guidance document does not have the force and effect of law and is not meant to bind the public in any way. This guidance is intended only to provide clarity regarding existing requirements under the law
MMTA Formally Requests Maine BMV to Open Segment of their Operation
April 13, 2020

Below is an email sent this morning to Maine Secretary of State Matt Dunlap requesting portions of BMV's operations to open. Copied on the email was representatives from the Governor's office, Maine's Congressional delegation and the legislative leaders in the Maine Senate and House.

Dear Secretary Dunlap,

The COVID-19 pandemic has certainly impacted our country and state, forcing all businesses to evaluate practices for the protection of their employees and their customers alike. Nobody should argue that public safety concerns should take a back seat to economic concerns, and this email does not attempt to make that argument in any way. As the period of the Executive Order to Stay Healthy at Home extends, however, it is becoming increasingly clear that the trucking industry’s inability to register trucks in Maine is impacting their ability to work and engage in Interstate Commerce without restriction.  

Governor Mills Executive Orders (and directives and clarifications from Maine BMV) have rectified most issues for Maine businesses and citizens who live and work entirely within Maine. Thus, your decision to close BMV is not impacting most citizens in a detrimental way. The same is not proving to be true for those who engage in Interstate Commerce, however. The most recent example that highlights the impediment I write to you about involves a large Maine trucking company employing hundreds of Mainers that delivers specialized products and fuels such as heating oil, kerosene, gasoline, and propane.  

This Maine company recently took delivery of several new tractors and are looking to place those trucks into service. Governor Mills Executive Order waives the necessity to register those trucks, and a letter from Director Ashcroft asks other IRP jurisdictions to honor the unregistered trucks as legal, until the emergency ends and they can be registered. While that should be the solution, they have hit a roadblock.

In order to operate these trucks legally in New Hampshire and Massachusetts, a permit is required to get them to 99,000 or 100,000 pounds. This Maine company has permitted many trucks over the years as they are a primary source for the delivery of fuels in Maine, New Hampshire and into Massachusetts. Since the closure of Maine BMV, however, they (and others) have not been able to get permits from New Hampshire or Massachusetts on these new units. New Hampshire DMV is not able (or willing) to process the permit request without a legal registration from Maine. They are also only willing to extend permits for expired registrations until April 29th. We have worked on this issue from several directions over the last week, without success.

I understand that Government has been forced to make difficult decisions related to essentiality. Many businesses, or portions of them, have had to close to public facing operations. Others, such as our industry remain open to deliver necessary products for the health and safety of our citizens, while implementing policies and practices to minimize risk. I strongly believe that portions of Maine BMV should be deemed as essential and that you should consider authorizing segments of your office to open for business. I believe that you can do this while implementing safety precautions that will keep your staff and those they are servicing safe. Many of the transactions impacting the trucking industry, for example, can be done entirely online or through the mail without any direct personal interaction with the customer.

I write to ask that you open BMV operations that support Interstate Commerce operations such as IRP and IFTA.  

Respectfully,

Brian Parke
MMTA President and CEO
CORONAVIRUS RESOURCES
We will keep MMTA members posted as new information comes in. In the meantime, please do not hesitate to email Tim, Randy or Brian if you have questions.
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Maine Motor Transport Association
P.O. Box 857
Augusta, ME 04332-0857
ph: (207)623-4128
fax: (207)623-4096