Post Covid Pre-Employment Drug Testing- 10 Jun

Many employees are starting to return to work in an office environment causing employers to question whether or not they should issue new drug tests to returning employees. We hope to help provide some clarity on this question—when should you perform a drug test on an employee?

Here are reasons why you might need to issue a pre-employment drug test:

Return-To-Duty: A return-to-duty drug test is required for drivers who tested positive, refused, or otherwise violated the prohibitions of  49 CFR Part 382 Subpart B; and who have completed the return-to-duty process with a DOT-qualified substance abuse professional. This test is directly observed, and a negative result is required before resuming driving duties (§382.309 and §40.305).

Follow-Up: Required for drivers who tested positive, refused, or otherwise violated the prohibitions of 49 CFR Part 382 Subpart B; and who have completed the return-to-duty process with a DOT-qualified substance abuse professional, and have tested negative for a return-to-duty test. This testing is prescribed by the substance abuse professional for a minimum of 6 directly observed tests in 12 months, but can be extended an additional four years (§382.311 and §40.307).

If you have a driver that is returning from an extended vacation, or leave of absence – this testing would NOT be considered return-to-duty. This would be a pre-employment test, if they left the random testing pool for longer than 30 days (in normal, non-COVID circumstances).

If they are returning from a COVID-related layoff situation, if they were randomly tested in the last 6 months, or if they have been in the random testing pool for the last 12 months, the pre-employment test can be waived.