FMCSA Explains Enforcement Guidance for Staffing Agencies

 

The Federal Motor Carrier Safety Administration offered Enforcement Guidance on the use of drivers provided by staffing services in regards to DOT drug and alcohol testing.

An important factor is how many consecutive days a driver is assigned.  The staffing service is the “employer” responsible for testing when the driver is assigned to a motor carrier for a period of less than 30 consecutive days. The staffing service may create its own USDOT testing program to include these casual, intermittent, and occasional drivers.

If a leased driver operates or is expected to operate for a motor carrier for a period of more than 30 consecutive days, the driver should be included in the motor carrier’s random testing pool, and the motor carrier should assume full responsibility for the driver under its DOT testing program.

The motor carrier is responsible for ensuring the staffing service complies with all the testing rules. If the staffing service does not conduct required testing, the motor carrier must treat the temporary driver as it would any other new hire, including the pre-employment drug screen and background check.