[Federal Register Volume 64, Number 247 (Monday, December 27, 1999)]
[Rules and Regulations]
[Pages 72289-72290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33401]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 219
[Docket No. RSOR-6; Notice No. 47 ]
RIN 2130-AA81
Alcohol and Drug Testing: Determination of Minimum Random Testing
Rates for 2000
AGENCY: Federal Railroad Administration (FRA), DOT.
ACTION: Notice of Determination.
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SUMMARY: Using data from Management Information System annual reports,
FRA has determined that the 1998 rail industry random testing positive
rate was .82 percent for drugs and .21 percent for alcohol. Since the
industry-wide random drug testing positive rate continues to be below
1.0 percent, the Federal Railroad Administrator (Administrator) has
determined that the minimum annual random drug testing rate for the
period January 1, 2000 through December 31, 2000 will remain at 25
percent of covered railroad employees. Since the random alcohol testing
violation rate has remained below .5 percent for the last two years,
the Administrator has determined that the minimum random alcohol
testing rate will be lowered to 10 percent of covered railroad
employees for the period January 1, 2000 through December 31, 2000.
DATES: This notice is effective December 27, 1999.
FOR FURTHER INFORMATION CONTACT: Lamar Allen, Alcohol and Drug Program
Manager, Office of Safety Enforcement, Mail Stop 25, Federal Railroad
Administration, 1120 Vermont Avenue, N.W., Washington, D.C. 20005,
(Telephone: (202) 493-6313).
SUPPLEMENTARY INFORMATION:
Administrator's Determination of 2000 Random Drug and Alcohol
Testing Rates
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 positive rate,
which is determined using annual railroad drug and alcohol program data
taken from FRA's Management Information System. Based on this 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 602 and 608).
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 calendar
years while testing at 50 percent. (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, 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.
In 1994, FRA set the 1995 minimum random drug testing rate at 25
percent because 1992 and 1993 industry drug testing data indicated a
random drug testing positive rate below 1.0 percent; since then FRA has
continued to set the minimum random drug testing rate at 25 percent as
the industry positive rate has consistently remained below 1.0 percent.
In this notice, FRA announces that the minimum random drug testing rate
will stay at 25 percent of covered railroad employees for the period
January 1, 2000 through December 31, 2000, since the industry random
drug testing positive rate for 1998 was .82 percent.
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 .5 percent for two calendar years while testing at a
higher 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 .5 percent, the rate will remain at 25 percent.
Random alcohol testing was fully implemented at a 25 percent
minimum
[[Page 72290]]
testing rate on January 1, 1996. In 1998, the industry-wide violation
rate for alcohol was .21 percent. Since the industry-wide violation
rate for alcohol has remained below .5 percent for the last two years,
FRA is lowering the minimum random alcohol testing rate to 10 percent
of covered railroad employees for the period January 1, 2000 through
December 31, 2000.
This notice sets the minimum random testing rates required next
year. Railroads remain free, as always, to conduct random testing at
higher rates.
Issued in Washington, D.C. on December 20, 1999.
Jolene M. Molitoris,
Federal Railroad Administrator.
[FR Doc. 99-33401 Filed 12-23-99; 8:45 am]
BILLING CODE 4910-06-P
