FTA Drug and Alcohol Regulation Updates
Issue 26, page 4

Random Testing Rates

49 CFR Part 40, Procedures for Transportation Workplace Drug Testing Programs

Revised:
December 19, 2000
Federal Register Vol. 65,
Pages 79462-79579.
Primary Topic: Procedures for Transportation Workplace Drug and Alcohol Testing Program Revised Final Rule
(49 CFR Part 40)

July 25, 2003
Federal Register 68
Pages 43946-43964
Primary Topic: One Page MIS

January 22, 2004
Federal Register Vol. 69
Pages 3021-3022
Primary Topic: Expand List of SAPS

Technical Amendments:
August 1, 2001
Federal Register Vol. 66
Pages 41943-41955
Primary Topic: Clarifications and Collections to Part 40; Common Preamble to Modal Rules

Interim Final Rule
May 28, 2003
Federal Register Vol. 68
Pages 31624-31627
Primary Topic: Substitute and Dilute Specimens

The information presented on this page should be used to update Chapter 6 of the revised Implementation Guidelines.
 

The testing rates are dependent on the industry’s drug “positive rate” and alcohol “violation rate” for the preceding two years. The drug “positive rate” means the number of verified positive drug test results plus the number of random test refusals, divided by the total number of random specimens collected. In order to clear up any discrepancies, the FTA will count the number of random specimens collected as the number of random testing events resulting in a verified negative, verified positive, and refusal to randomly test no matter the reason for the refusal. The transit industry’s positive rate for drugs in 2001 was 0.89 percent and 1.05 in 2002. Since the rate did not dip below 1.00 for two consecutive years, the random testing rate remains at fifty percent.

The alcohol “violation rate” is similar to the drug “positive rate” except that it measures the number of confirmation tests with results of 0.04 or greater plus the number of random test refusals divided by the total number of random screening test results. In order to clear up any discrepancies, the FTA will count the number of random screening test results as the number of random screening testing events resulting in a result below 0.02, result of 0.02 or greater, and refusal to randomly test no matter the reason for the refusal. The alcohol violation rate for 2001 was 0.19 and 0.22 for 2002. Since the rate did not rise above 0.50, the random alcohol testing rate remains at ten percent.

Cancelled tests are not included in the calculation, as they do not count toward the number of tests needed to meet the employer’s minimum random test rate (§40.207(b)).

Calculating the Number of Random Tests

As stated in the previous article, the random testing rates will remain the same (50% for drugs and 10% for alcohol) in 2004. The manner in which the random testing rates are used to generate the actual number of tests to be performed by individual employers was clarified in the Part 655 amendment published on December 31, 2003. This amendment (§655.72 (e)) explains that to calculate the total number of covered employees subject to testing for a testing period, each employer must add the total number of covered employees eligible for testing during each random testing period for the year and divide that total by the number of random testing periods.

Thus, if the employer selects random numbers monthly and has one hundred safety-sensitive employees in January, the employer has 8.33 employees (100/12) to which the annual random rate (50%) applies for the month. Thus, the employer should conduct 4.17 or 5 drug tests in January (100/12*50%). Always round up to the next largest whole number. If in February the employer has only seventy-five covered employees, the employer should conduct 3.13 or 4 drug tests in February (75/12*50%), and so on for each month. For a more detailed explanation see the article on page 2 of Issue 12 of the Updates.

Only DOT covered employees can be placed in the employer’s random testing pool. All safety-sensitive employees that may be called on to work during the testing period must be in the random pool and all employees that are not expected to work during the period (i.e., leave of absence, retired) should be removed. If you select random numbers more frequently than monthly, you do not need to compute the total number of covered employee rate more often than once per month.

If your covered employees are part of a larger random testing pool, this pool must follow the same procedure to determine how many tests to perform for each testing period. The testing pool as a whole must meet the testing rate requirements even though individual employers may not. If the testing pool is in compliance then all participating employers are considered to be in compliance. If the pool fails to meet the required random rates, then all participating employers are not in compliance. Therefore, it is important for all employers that use a third party to administer their random selection process to ensure that the third party is testing at the appropriate FTA established percentages and that only covered employees are in the random testing pool.