The notice states that since commercial staffing agencies supply intermittent, casual or occasional drivers to the motor carrier industry, and those agencies directly employ the drivers, pay their wages and employment taxes, those staffing agencies would fall under the FMCSA’s regulatory umbrella.

According to Law360.com, “FMCSA said it defines a ‘casual, intermittent, or occasional driver’ as one who works for another employer for any period of less than 30 consecutive days. If a leased driver operates or is expected to operate for a motor carrier employer for more than 30 consecutive days, the driver should be included in that motor carrier employer’s random testing pool and that motor carrier employer should assume full responsibility for the driver under its own DOT drug and alcohol testing program, FMCSA said.”

These employers and staffing agencies would also be subject to recordkeeping requirements. The FMCSA said that employers using temporary drivers must verify the drivers’ participation in a DOT drug and alcohol testing program every six months and maintain records verifying their participation.

Source: Law360.com, 12/23/2016