The Federal Motor Carrier Safety Administration (FMCSA) regulations provide reasonable flexibility to motor carrier employers and their drivers subject to testing. However, the FMCSA is aware that disruptions caused by the COVID-19 national emergency are interfering with, and in some cases, may be preventing, employer and driver compliance with current drug and alcohol testing requirements.

On March 18, 2020, the Equal Employment Opportunity Commission (EEOC) issued answers to frequently asked questions (FAQs) about how employers should comply with the Americans with Disabilities Act (ADA) while also observing all applicable emergency workplace safety guidelines during the coronavirus pandemic.

As the number of reported cases of COVID-19 continues to rise, employers are increasingly confronted with the possibility of an outbreak in the workplace.

The Occupational Safety and Health Act (the Act) was enacted to regulate workplace safety and health. The Act is administered by the Occupational Safety and Health Administration (OSHA). The Act and its accompanying regulations identify a significant number of recognized hazards and establish safety and health standards to address them. However, even when no standard specific to a recognized hazard applies, the Act requires employers to look after their employees’ general safety and health.