Drug and Alcohol Testing: Determination of Minimum Random Testing Rates for 2020

• Citation: 85 FR 4058
• Record Number: 2020-01011
• Published date: 23 January 2020
• Section: Notices
• Court: Federal Railroad Administration

Federal Register, Volume 85 Issue 15 (Thursday, January 23, 2020)

[Federal Register Volume 85, Number 15 (Thursday, January 23, 2020)]
                [Notices]
                [Page 4058]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-01011]
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                DEPARTMENT OF TRANSPORTATION
                Federal Railroad Administration
                [Docket No. FRA-2001-11213, Notice No. 24]
                Drug and Alcohol Testing: Determination of Minimum Random Testing
                Rates for 2020
                AGENCY: Federal Railroad Administration (FRA), Department of
                Transportation (DOT).
                ACTION: Notification of determination.
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                SUMMARY: This notification of determination announces FRA's minimum
                annual random drug and minimum annual random alcohol testing rates for
                covered employees and for maintenance-of-way (MOW) employees for
                calendar year 2020.
                DATES: This determination takes effect January 23, 2020.
                FOR FURTHER INFORMATION CONTACT: Gerald Powers, FRA Drug and Alcohol
                Program Manager, W33-310, Federal Railroad Administration, 1200 New
                Jersey Avenue SE, Washington, DC 20590 (telephone 202-493-6313); or Sam
                Noe, FRA Drug and Alcohol Program Specialist, Federal Railroad
                Administration (telephone 615-719-2951).
                SUPPLEMENTARY INFORMATION: FRA is announcing the 2020 minimum annual
                random drug and alcohol testing rates for covered service employees,
                and the 2020 minimum annual random drug and alcohol testing rates for
                MOW employees. For calendar year 2020, the minimum annual random
                testing rates for covered service employees will continue to be 25
                percent for drugs and 10 percent for alcohol, while the minimum annual
                random testing rates for MOW employees will continue to be 50 percent
                for drugs and 25 percent for alcohol.
                 To set its minimum annual random testing rates for each year, FRA
                examines the last two complete calendar years of railroad industry drug
                and alcohol program data submitted to its Management Information System
                (MIS). The rail industry's random drug testing positive rate for
                covered service employees (employees subject to the hours of service
                laws and regulations) remained below 1.0 percent for 2017 and 2018. The
                Administrator has therefore determined the minimum annual random drug
                testing rate for the period January 1, 2020, through December 31, 2020,
                will remain at 25 percent for covered service employees. The industry-
                wide random alcohol testing violation rate for covered service
                employees remained below 0.5 percent for 2017 and 2018. Therefore, the
                Administrator has determined the minimum random alcohol testing rate
                will remain at 10 percent for covered service employees for the period
                January 1, 2020, through December 31, 2020. Because these rates
                represent minimums, railroads may conduct FRA random testing at higher
                rates.
                 MOW employees became subject to FRA random drug and alcohol testing
                in June 2017. The Administrator has determined that the minimum annual
                random testing rates initially established for MOW employees will
                remain in effect because FRA does not have MIS data for two consecutive
                years that represents their industry-wide performance rates.
                Specifically, MOW employees became subject to FRA random testing
                effective June 12, 2017, and the resulting 2017 MIS data FRA received
                reflected industry-wide MOW random testing rates that were below the
                annual minimum rates of 50 percent (drugs) and 25 percent (alcohol) for
                MOW employees. Therefore, for the period January 1, 2020, through
                December 31, 2020, the minimum annual random drug testing rate will
                continue to be 50 percent for MOW employees, and the minimum annual
                random alcohol testing rate will continue to be 25 percent for MOW
                employees. As with covered service employees, because these rates
                represent minimums, railroads may conduct FRA random testing of MOW
                employees at higher rates.
                 Issued in Washington, DC.
                Ronald L. Batory,
                Administrator, Federal Railroad Administration.
                [FR Doc. 2020-01011 Filed 1-22-20; 8:45 am]
                 BILLING CODE 4910-06-P