80 FR 14239 - Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

Federal Register Volume 80, Issue 52 (March 18, 2015)

This notice announces the 2015 random testing rates for employers subject to the Federal Transit Administration's (FTA) drug and alcohol rules.

[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Notices]
[Pages 14239-14240]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06225]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Prevention of Alcohol Misuse and Prohibited Drug Use in Transit 
Operations

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of random drug and alcohol testing rates for 2015.

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SUMMARY: This notice announces the 2015 random testing rates for 
employers subject to the Federal Transit Administration's (FTA) drug 
and alcohol rules.

DATES: Effective Date: January 1, 2015.

FOR FURTHER INFORMATION CONTACT: Iyon Rosario, Drug and Alcohol Program 
Manager for the Office of Transit Safety and Oversight, 1200 New Jersey 
Avenue SE., Washington, DC 20590 (telephone: 202-366-2010 or email: 
[email protected]).

SUPPLEMENTARY INFORMATION: On January 1, 1995, FTA required large 
transit employers to begin drug and alcohol testing employees 
performing safety-sensitive functions and submit annual reports by 
March 15 of each year beginning in 1996. The annual report includes the 
number of employees who had a verified positive for the use of 
prohibited drugs, and the number of employees who tested positive for 
the misuse of alcohol during the reported year. Small employers 
commenced their FTA-required testing on January 1, 1996, and began 
reporting the same information as the large employers beginning March 
15, 1997. The testing rules were updated on August 1, 2001, and 
established a random testing rate for prohibited drugs and the misuse 
of alcohol.
    The rules require employers conduct random drug tests at a rate 
equivalent to at least 50 percent of their total number of safety-
sensitive employees for prohibited drug use and at least 25 percent for 
the misuse of alcohol. However, the rules provide the drug random 
testing rate may be lowered to 25 percent if the ``positive rate'' for 
the entire transit industry is less than one percent for two preceding 
consecutive years. Once lowered, the random rates may be raised to 50 
percent if the positive rate equals or exceeds one percent for any one 
year (``positive rate'' means the number of positive results for random 
drug tests conducted under 49 CFR 655.45 plus the number of refusals of 
random tests required by 49 CFR 655.49, divided by the total number of 
random drug tests, plus the number of refusals of random tests required 
by 49 CFR part 655).
    The alcohol provisions provide the random rate may be lowered to 10 
percent if the ``violation rate'' for the entire transit industry is 
less than 0.5 percent for two consecutive years. It will remain at 25 
percent if the ``violation rate'' is equal to or greater than 0.5 
percent but less than one percent, and it will be raised to 50 percent 
if the ``violation rate'' is one percent or greater for any one year 
(``violation rate'' means the number of covered employees found during 
random tests administered under 49 CFR 655.45 to have an alcohol 
concentration of 0.04 or greater, plus the number of employees who 
refuse a random test required by 49 CFR 655.49, divided by the total 
reported number of random alcohol tests plus the total number of 
refusals of random tests required by 49 CFR part 655).
    Pursuant to 49 CFR 655.45(b), the Acting Administrator's decision 
to increase or decrease the minimum annual percentage rate for random 
drug and alcohol testing is based, in part, on the reported positive 
drug and alcohol violation rates for the entire industry. The 
information used for this determination is drawn from the drug and 
alcohol Management Information System (MIS) reports required by 49 CFR 
part 655. In determining the reliability of the data, the Acting 
Administrator considers the quality and completeness of the reported 
data, or may obtain additional information or reports from employers, 
and make appropriate modifications in calculating the industry's 
verified positive results and violation rates.
    The Acting Administrator has determined that the random drug 
testing rate will remain at 25 percent for 2015 due to a ``positive 
rate'' lower than 1.0 percent for random drug test data for the two 
preceding calendar years. The random drug rates for the two preceding 
years are 0.74 percent for 2013 and 0.87 percent for 2014.
    The Acting Administrator also has determined that the random 
alcohol testing rate for 2015 will remain at 10 percent because the 
random alcohol violation rate was again lower than 0.5 percent for the 
two preceding consecutive years due. The random alcohol rates for the 
two preceding years are 0.12 percent for 2013 and 0.14 percent for 
2014.
    Detailed reports on the FTA drug and alcohol testing data collected 
from transit employers may be obtained from the FTA, Office of Transit 
Safety and Oversight, 1200 New Jersey Avenue SE., Washington, DC 20590, 
(202) 366-2010

[[Page 14240]]

or at http://transit-safety.fta.dot.gov/publications/Default.aspx

    Issued in Washington, DC, pursuant to authority under 49 CFR 
1.91.
Therese McMillan,
Acting Administrator.
[FR Doc. 2015-06225 Filed 3-17-15; 8:45 am]
 BILLING CODE 4910-57-P