98-33113. Prevention of Prohibited Drug Use in Transit Operations; Prevention of Alcohol Misuse in Transit Operations

[Federal Register Volume 63, Number 239 (Monday, December 14, 1998)]
[Notices]
[Pages 68818-68819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33113]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Prevention of Prohibited Drug Use in Transit Operations; 
Prevention of Alcohol Misuse in Transit Operations

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of random drug and alcohol testing rate.

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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.

EFFECTIVE DATE: January 1, 1999.

FOR FURTHER INFORMATION: Judy Meade, Director of the Office of Safety 
and Security [phone] (telephone) and [phone] (fax). 
Electronic access to this and other documents concerning FTA's drug and 
alcohol testing rules may be obtained through FTA's Transit Safety and 
Security Bulletin Board at 1-800-231-2061 or through the FTA World Wide 
Web home page at http://www.fta.dot.gov; both services are available 
seven days a week.

SUPPLEMENTARY INFORMATION: The Federal Transit Administration (FTA) 
required large transit employers to begin drug and alcohol testing 
``safety-sensitive'' employees on January 1, 1995, and to report, 
annually by March 15 of each year beginning in 1996, the number of 
``safety-sensitive'' employees who had a verified positive for the use 
of prohibited drugs, and the number of safety-sensitive employees who 
tested positive for the misuse of alcohol. Small employers started 
testing their ``safety-sensitive'' employees on January 1, 1996, and 
began reporting the same information as the large employers beginning 
on March 15, 1997. Employers are required annually to submit other 
data, not relevant here, in the same report; these data are available 
from the FTA as discussed below.
    The rules established a random testing rate for prohibited drugs 
and the misuse of alcohol; specifically, the rules require that 
employers conduct random drug tests at a rate equivalent to at least 50 
percent of their total number of safety-sensitive employees for 
prohibited drug use and at least 25 percent for the misuse of alcohol. 
The rules provide that the drug random testing rate may be lowered to 
25 percent if the ``positive rate'' for the entire transit industry is 
less than one percent for two consecutive years. Once lowered, it may 
be raised to 50 percent if the positive rate equals or exceeds one 
percent for any one year. (``Positive rate'' means the number of 
positive results for random drug tests conducted under part 653 plus 
the number of refusals of random tests required by part 653, divided by 
the total number of random drug tests, plus the number of refusals of 
random tests required by part 653.)
    Likewise, the alcohol rule provides that the random rate may be 
lowered to 10 percent if the ``violation rate'' for the entire transit 
industry is less than .5 percent for two consecutive years. It will 
remain at 25 percent if the

[[Page 68819]]

``violation rate'' is equal to or greater than .5 percent but less than 
one percent, and it will be raised to 50 percent if the ``violation 
rate'' is one percent or greater for any one year. (``Violation rate'' 
means the number of covered employees found during random tests given 
under part 654 to have an alcohol concentration of .04 or greater, plus 
the number of employees who refuse a random test required by part 654, 
divided by the total reported number of random alcohol tests conducted 
under part 654, plus the total number of refusals of random tests, 
required by part 654.)
    FTA has received and analyzed the 1997 data from large and small 
transit employers. The ``positive rate'' for random drug tests was 1.21 
percent and the ``violation rate'' for random alcohol tests was 0.14 
percent; therefore, for 1999, transit employers will continue to be 
required to conduct random drug tests at a rate equivalent to at least 
50 percent of the total number of their ``safety-sensitive'' employees 
for prohibited drugs. In 1998, the FTA lowered the random alcohol 
testing rate to 10 percent. Because the random alcohol violation rate 
was lower than .5 percent for two consecutive years (0.21 percent for 
1996 and 0.19 percent for 1997), the random alcohol testing rate will 
remain at 10 percent for 1999.
    FTA will be publishing in December a detailed report on the 1997 
data collected from large and small employers. This report may be 
obtained from the Office of Safety and Security, Federal Transit 
Administration, 400 Seventh Street, SW, Room 9301, Washington, DC 
20590, [phone].

    Issued: December 8, 1998.
Gordon J. Linton,
Administrator.
[FR Doc. 98-33113 Filed 12-11-98; 8:45 am]
BILLING CODE 4910-57-U