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Legal Update Header On May 12, 2021, the United States Department of Transportation (USDOT) announced it would provide additional help to states affected by the Colonial Pipeline cyberattack.

The White House and USDOT have determined that previous declarations of a “major disaster” issued by the President within the last 120 days allow the states covered by those declarations to use their interstate highways to transport overweight loads of gasoline and other fuels.

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On Feb. 18, 2020, the Agricultural Improvement Act of 2018 (Farm Bill) removed hemp from the definition of marijuana under the Controlled Substance Act (CSA).

This made any hemp-derived products containing up to .03% tetrahydrocannabinol (THC) exempt from the CSA’s Schedule 1, which is a list of drugs considered to have the highest potential for abuse and no accepted medical uses.

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Risk Insights header image Since March 2020, the Federal Motor Carrier Safety Administration (FMCSA) has provided emergency exemptions and waivers for regulations to support COVID-19 emergency relief efforts.

The FMCSA has provided waivers and exemptions for hours-of-service rules, preemployment drug testing, driving skills tests, and renewals for commercial driver’s licenses (CDLs), commercial learners’ permits (CLPs) and medical certifications. During this time, employers that helped with national emergency efforts and used these waivers or exemptions for their drivers may not have kept up with the documentation necessary for their drivers’ files. It is important for employers to understand that, if they used any of these exemptions or waivers, it should be documented in their drivers’ files, and any paperwork or license updates should be completed as soon as possible.

Legal Update Header On Jan. 29, 2021, the Department of Transportation (DOT) posted frequently asked questions in response to the mask mandate order issued by the Centers for Disease Control and Prevention (CDC).

The order requires travelers to wear masks at conveyances and transportation hubs to prevent the spread of COVID-19. The order defines “conveyance” as including “aircraft, train, road vehicle (including rideshares), vessel…or other means of transport, including military transport.”    

Legal Update HeaderOn Sept. 22, 2020, The U.S. Department Of Transportation (DOT) Extended Its COVID-19 Drug And Alcohol Testing Guidance To Dec. 31, 2020. The Extended Guidance Allows Substance Abuse Professionals (SAPs) To Perform Remote Assessments And Evaluations And Lengthens The Requalification Timeline For Service Agents Through The End Of The Year.

This guidance provides SAPs and other service agents with the flexibility they need to help employers comply with existing DOT drug and alcohol regulations during the COVID-19 pandemic.