83 FR 63812 - Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

Federal Register Volume 83, Issue 238 (December 12, 2018)

The Federal Transit Administration (FTA) is increasing the minimum random drug testing rate from 25 percent to 50 percent in calendar year 2019 for employers subject to the FTA's drug and alcohol rule. The minimum random alcohol testing rate will remain at 10 percent for calendar year 2019.

[Federal Register Volume 83, Number 238 (Wednesday, December 12, 2018)]
[Rules and Regulations]
[Pages 63812-63813]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26950]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

49 CFR Part 655


Prevention of Alcohol Misuse and Prohibited Drug Use in Transit 
Operations

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of calendar year 2019 random drug and alcohol testing 
rates.

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SUMMARY: The Federal Transit Administration (FTA) is increasing the 
minimum random drug testing rate from 25 percent to 50 percent in 
calendar year 2019 for employers subject to the FTA's drug and alcohol 
rule. The minimum random alcohol testing rate will remain at 10 percent 
for calendar year 2019.

DATES: Effective: January 1, 2019.

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, the FTA required large 
transit employers to begin drug and alcohol testing of employees 
performing safety-sensitive functions, and submit annual reports by 
March 15 of each year beginning in 1996. Small employers commenced 
their FTA-required testing on January 1, 1996, and began reporting the 
same information as the large employers starting on March 15, 1997. 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 for misuse of 
alcohol at a rate of at least 25 percent of their total number of 
safety-sensitive employees.
    The FTA updated the testing rules on August 1, 2001, and maintained 
a minimum random testing rate for prohibited drugs at 50 percent and 
the misuse of alcohol at 10 percent. However, pursuant to 49 CFR 
655.45(c) and (d), both random testing rates could be adjusted based on 
industry-reported violations that have been verified over two preceding 
consecutive calendar years. Accordingly, the FTA in 2007 reduced the 
minimum random drug testing rate from 50 percent to 25 percent, where 
it has remained since then.
    Pursuant to 49 CFR 655.45(c), the FTA will increase the minimum 
random drug testing rate from 25 percent back to 50 percent if the 
industry-reported data for any one calendar year indicates that the 
positive rate equals or exceeds one percent (positive rate means the 
number of verified positive results for random drug tests conducted 
under 49 CFR 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 minimum alcohol 
random rate will be increased from 10 percent to 25 percent should the 
reported data indicates that the violation rate is equal to or greater 
than 0.5 percent, but less than one percent 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 
.04 or greater, plus the number of employees who refuse a required 
random test, divided by the total reported number of random alcohol 
tests). Furthermore, if the minimum random alcohol rate is 25 percent, 
and if the validated violation rate is equal to or greater than one 
percent for any one calendar year, then the minimum random alcohol rate 
will be increased to 50 percent.
    Pursuant to 49 CFR 655.45(b), the FTA's decision to increase or 
decrease the minimum annual percentage rates for random drug and 
alcohol testing is based, in part, on the reported verified positive 
drug rate and alcohol violation rate 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 FTA 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 drug positive rate and alcohol violation rates.
    For calendar year 2019, the FTA has determined that the minimum 
random drug testing rate for covered employees will increase from 25 
percent to 50 percent based on a verified positive rate that exceeded 
1.0 percent for random drug test data for calendar year 2017. The 
random drug testing positive rate for 2017 was 1.06 percent. Further, 
for calendar year 2019, the FTA has determined that the random alcohol 
testing rate for covered employees will

[[Page 63813]]

remain at 10 percent because the violation rate was lower than 0.5 
percent for calendar years 2016 and 2017. The random alcohol violation 
rates were 0.14 percent for 2016 and 0.16 percent for 2017.
    Detailed reports on the FTA drug and alcohol testing data collected 
from transit employers may be obtained from the FTA's Office of Transit 
Safety and Oversight, 1200 New Jersey Avenue SE, Washington, DC 20590, 
(202) 366-2010 or at https://transit-safety.fta.dot.gov/DrugAndAlcohol/Publications/Default.aspx.

K. Jane Williams,
Acting Administrator.
[FR Doc. 2018-26950 Filed 12-11-18; 8:45 am]
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