Alcohol and drug use control: Random drug and alcohol testing Minimum testing rate; 1999 determination,
[Federal Register: December 30, 1998 (Volume 63, Number 250)]
[Rules and Regulations]
[Page 71789-71790]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30de98-17]
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. RSOR-6; Notice No. 47]
RIN 2130-AB31
Random Drug and Alcohol Testing: Determination of 1999 Minimum Testing Rate
AGENCY: Federal Railroad Administration (FRA), Transportation (DOT).
ACTION: Notice of Determination.
SUMMARY: Under FRA's regulations on drug and alcohol testing, each year the Federal Railroad Administrator (Administrator) determines the minimum annual percentage rate for random drug and alcohol testing for the rail industry. Currently, the minimum rates for both drug and alcohol random testing are set at 25 percent.
After reviewing the rail industry drug and alcohol management information system (MIS) data for 1996 and 1997, as well as data from compliance reviews of rail industry drug and alcohol testing programs, the Administrator has determined that the minimum annual random drug and alcohol testing rates for the period January 1, 1999 through December 31, 1999 will remain at 25 percent of covered railroad employees.
DATES: This notice is effective December 30, 1998.
FOR FURTHER INFORMATION CONTACT: Mr. Lamar Allen, Alcohol and Drug Program Manager, Office of Safety Assurance and Compliance, Operating Practices Division (RRS-11), FRA, 1120 Vermont Avenue, N.W., Mail Stop 25, Washington, D.C. 20590, (telephone: 202-493-6313) or David H. Kasminoff, Esq., Trial Attorney (RCC-12), Office of Chief Counsel, FRA, Washington, D.C. 20590 (telephone: 202-493-6043).
SUPPLEMENTARY INFORMATION:
Administrator's Determination of 1999 Random Drug Testing Rate
In a final rule published on December 2, 1994 (59 FR 62218), FRA announced that it will set future minimum random drug and alcohol testing rates according to the rail industry's overall violation rate, which is determined using annual railroad drug and alcohol program data taken from FRA's MIS. Based on this and other program data, the Administrator publishes a Federal Register notice each year, announcing the minimum random drug and alcohol testing rates for the following year (see 49 CFR 219.602 and 219.608, respectively).
Under this performance-based system, FRA may lower the minimum random drug testing rate to 25 percent whenever the industry-wide random drug positive rate is less than 1.0 percent for two consecutive calendar years while testing at the 50 percent rate. (For both drugs and alcohol, FRA reserves the right to consider other factors, such as the number of positives in its post-accident testing program and the findings from program compliance reviews, before deciding whether to lower annual minimum random testing rates). FRA will return the rate to 50 percent if the industry-wide random drug positive rate is 1.0 percent or higher in any subsequent calendar year.
The minimum random drug testing rate for any administration in DOT is 25 percent. In this notice, FRA announces that the minimum random drug testing rate will continue to be 25 percent of covered railroad employees for the period January 1, 1999 through December 31, 1999, since the industry random positive rate for 1997 was 0.77 percent.
Administrator's Determination of 1999 Random Alcohol Testing Rate
FRA implemented a parallel performance-based system for random alcohol testing. Under this system, FRA may lower the minimum random alcohol testing rate to 10 percent whenever the industry-wide violation rate is less than 0.5 percent for two consecutive calendar years while testing at the 25 percent rate. FRA will raise the rate to 50 percent if the industry-wide violation rate is 1.0 percent or higher in any subsequent calendar year. If the industry-wide violation rate is less than 1.0 percent but greater than 0.5 percent, the rate will remain at 25 percent.
Although the 1996 MIS report indicated an industry-wide positive rate of 0.24 percent and the 1997 MIS report indicated a positive rate of 0.23 percent, FRA audits of railroad programs for the past two years revealed problems with random testing programs, particularly with the predictability of testing for alcohol which has caused FRA to question the credibility of the data. Deficiencies uncovered in these audits indicated almost no alcohol testing at the beginning of the duty day and failure to distribute testing throughout the duty day (e.g., testing only during a four hour period in the middle of the day or only on Thursdays, and/or never
[[Page 71790]]
testing at night or on weekends), thus making the timing of random alcohol testing too predictable. FRA has alerted railroads to the need to conduct random alcohol tests at all times to achieve deterrence and more accurately capture the prevalence of alcohol abuse throughout the duty period.
Because of these systemic program deficiencies, FRA will not lower the minimum random alcohol testing rate further at this time. Instead, FRA will continue to audit industry testing programs and assist railroads in achieving compliance and producing credible prevalence data. When FRA has confidence that rail industry data is derived from programs fully in compliance with random testing requirements, FRA will reevaluate whether to lower the minimum random alcohol testing rate to 10 percent.
Issued in Washington, D.C. on December 22, 1998. Donald M. Itzkoff, Deputy Federal Railroad Administrator.
[FR Doc. 98-34390Filed12-29-98; 8:45 am]
BILLING CODE 4910-06-P
