The Department of Transportation has announced the rates at which motor carriers will be required to administer random drug and alcohol testing on commercial drivers for 2018.
Requirements for Random Drug and Alcohol Testing
Under 49 C.F.R. § 382.305, motor carriers are required annually to administer random drug and alcohol testing on a certain minimum percentage of its average number of driver positions. For 2018, the FMCSA is keeping the random testing rate at 25% for drug screens and 10% for alcohol screening, just as they were for 2016 and 2017.
Under this code section, the required testing percentage is determined by the results of national testing surveys from previous years. 49 C.F.R. § 382.305 sets the minimum testing rate at 25% for controlled substances unless at any time the data received from the surveys indicates that that violation rate (or positive test results) is equal to or greater than 1.0% for drivers tested, at which time the random controlled substance testing rate requirement will jump to 50%. The random controlled substance testing rate will then remain at 50% until for two consecutive calendar years the positive test result rate is below 1.0%, after which the FMCSA may lower the rate back to 25%.
In a similar blog entry discussing the 2017 testing rates, I also discussed how non-compliance with testing can affect litigation.
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Photo by Victor Semionov.