82 FR 15555 - Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

Federal Register Volume 82, Issue 59 (March 29, 2017)

This notice announces the random testing rates for employers subject to the Federal Transit Administration's (FTA) drug and alcohol rules for 2017.

[Federal Register Volume 82, Number 59 (Wednesday, March 29, 2017)]
[Notices]
[Pages 15555-15556]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06172]


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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 2017.

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SUMMARY: This notice announces the random testing rates for employers 
subject to the Federal Transit Administration's (FTA) drug and alcohol 
rules for 2017.

DATES: Effective Date: January 1, 2017.

FOR FURTHER INFORMATION CONTACT: Iyon Rosario, Drug and Alcohol Program 
Manager for the Office of 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 
rule initially required employers to conduct random drug tests for 
prohibited drug use at a rate equivalent to at least 50 percent of 
their total number of safety-sensitive employees and a rate of at least 
25 percent for the misuse of alcohol. However, in accordance with 49 
CFR 655.45 both random testing rates may be lowered based on industry 
reported violations over preceding consecutive calendar years. 
Accordingly, in 2005 the Administrator reduced the random alcohol 
testing rate from 25 percent to 10 percent and reduced the random drug 
testing rate from 50 percent to 25 percent in 2007 (see 72 FR 1057).
    Once lowered, the random drug testing rate may be increased to 50 
percent if the positive rate equals or exceeds one percent for any one 
year (``positive rate'' means the number of verified positive results 
for random drug tests conducted under 49 CFR part 655.45 plus the 
number of refusals of random tests, divided by the total number of 
random drug test results (i.e., positive, negative, and refusals). 
Likewise, the alcohol random rate may be increased from 10 percent to 
25 percent should the reported violation rate be equal to or greater 
than 0.5 percent, but less than 1 percent for any one year. 
Furthermore, the random alcohol rate will be increased to 50

[[Page 15556]]

percent if the confirmed violation rate is equal to or greater than 1 
percent (``violation rate'' means the number of covered employees found 
during random tests administered under 49 CFR 655.45 to have an alcohol 
concentration of .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).
    Pursuant to 49 CFR 655.45(b), the 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 public transportation 
industry. The information used for this determination is drawn from the 
drug and alcohol Management Information System (MIS) reports required 
by 49 CFR 655.72. In determining the reliability of the data, the 
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.
    For 2017, the Administrator has determined the random drug testing 
rate will remain at 25 percent based on a positive rate lower than 1.0 
percent for random drug test data for calendar years 2014 and 2015. The 
random drug rates were .87 percent for 2014 and .90 percent for 2015. 
Further, the Administrator has determined that the random alcohol 
testing rate for 2017 will remain at 10 percent because the violation 
rate was again lower than 0.5 percent for calendar years 2014 and 2015. 
The random alcohol violation rates were 0.14 percent for 2014 and 0.14 
percent for 2015.
    Detailed reports on the FTA drug and alcohol testing data collected 
from transit employers may be obtained from the FTA, Office of Safety 
and Oversight, 1200 New Jersey Avenue SE., Washington, DC 20590, (202) 
366-2010 or at http://transit-safety.fta.dot.gov/publications/Default.aspx.


    Issued in Washington, DC.

Matthew J. Welbes,
Executive Director.
[FR Doc. 2017-06172 Filed 3-28-17; 8:45 am]
 BILLING CODE P