Must all drivers who do not work for an extended period of time (such as layoffs over the winter or summer months) have pre-employment drug testing each season when they return to work?

If the driver is considered to be an employee of the company during the layoff period, a pre-employment test would not be required so long as the driver has been included in the company’s random testing program during the layoff period. However, if the driver was not considered to be an employee of the company at any point during the layoff period, was not covered by a program or was not covered for more than 30 days, then a pre-employment test would be required. The test must be administered any time employment has been terminated for more than 30 days and the exceptions contained in 382.301(c) of the Federal Motor Carrier Safety Regulations are not met.

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