[Federal Register Volume 59, Number 250 (Friday, December 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32092]
[[Page Unknown]]
[Federal Register: December 30, 1994]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 219
[Docket No. RSOR-6; Notice No. 41]
RIN 2130-AA81
Random Drug Testing; Reduction of 1995 Minimum Testing Rate and
Post-Accident Toxicological Testing; Testing Kit Replacement
AGENCY: Federal Railroad Administration (FRA), DOT.
ACTION: Notices.
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SUMMARY: The Federal Railroad Administrator (Administrator) has
determined that the minimum annual random drug testing rate for the
period January 1, 1995 through December 31, 1995 will be 25 percent of
covered railroad employees. This is a reduction from 50 percent to 25
percent and is based on data from 1992 and 1993 railroad annual reports
which shows that good cause exists to decrease the minimum annual
percentage rate for random drug testing of covered employees beginning
January 1, 1995.
This notice also provides interim procedures to be followed until
FRA amends Appendix C to part 219 to modify its post-accident testing
procedures, toxicology kits, instructions, and forms to accommodate
mandatory urine split sample testing and optional breath alcohol
testing. FRA intends to amend Appendix C and have new post-accident
testing kits available by February 28, 1995.
DATES:
1. Beginning January 1, 1995, the minimum annual random drug
testing rate is 25 percent of covered railroad employees. This rate is
the minimum rate for the period January 1, 1995 through December 31,
1995.
2. FRA will publish a notice amending Appendix C to part 219 to
accommodate mandatory urine split sample testing and optional breath
alcohol testing. For now, however, railroads should continue to follow
the procedures contained in the current Appendix C.
3. As previously published, beginning January 1, 1995, the
threshold amount of railroad property damage rises to $1,000,000 for
major train accidents and $150,000 for impact accidents.
4. No later than January 10, 1995, railroads are asked to provide
FRA with information as to the number of kits to be replaced, the
mailing address where the new post-accident toxicology kits are to be
sent, and the name and telephone number of a responsible officer at
each location.
ADDRESSES: Any questions or comments regarding this notice should be
submitted to D. Lamar Allen, FRA Alcohol and Drug Program Manager,
Office of Safety Enforcement, Operating Practices Division, Federal
Railroad Administration, 400 7th Street, S.W., Room 8314, Washington,
D.C. 20590.
FOR FURTHER INFORMATION CONTACT:
D. Lamar Allen, Alcohol and Drug Program Manager, Office of Safety
Enforcement, Operating Practices Division, Federal Railroad
Administration, 400 7th Street, S.W., Room 8314, Washington, D.C.
20590, (Telephone: (202) 366-0127) or James T. Schultz, Chief,
Operating Practices Division, Office of Safety Enforcement, Federal
Railroad Administration, 400 7th Street, S.W., Room 8314, Washington,
D.C. 20590, (Telephone: (202) 366-9178).
SUPPLEMENTARY INFORMATION:
Administrator's Determination of 1995 Random Drug Testing Rate
On December 2, 1994, FRA, together with the Office of the
Secretary, the Federal Aviation Administration, the United States Coast
Guard, the Research and Special Programs Administration, the Federal
Highway Administration, and the Federal Transit Administration,
published a final rule authorizing each operating administration to
lower its minimum random drug testing rate to 25 percent if its
industry-wide random positive rate is less than 1.0 percent for two
calendar years while testing at 50 percent (59 FR 62218). The operating
administration would return the rate to 50 percent if the random
positive rate for its industry is 1.0 percent or higher in any
subsequent calendar year. The industry-wide random positive rate for
each transportation industry would be calculated from data submitted to
each operating administration and announced yearly by each
administration's respective Administrator.
Unlike some of the other operating administrations, FRA already has
several years of industry drug testing data compiled from railroad
annual reports previously filed under Sec. 217.13(d). (On December 23,
1993, FRA repealed this section of its annual reporting requirements
and replaced it with a Management Information System to collect drug
misuse program data (58 FR 68233). These reports indicate that the rail
positive rate has been below 1.0 percent for the previous two
consecutive calendar years. In 1992, the rail industry positive rate,
while testing at 50 percent, was .79 percent; in 1993 it was .72
percent.
Therefore, based on this data, FRA reduces the minimum annual
random drug testing rate from 50 percent to 25 percent effective
January 1, 1995 through December 31, 1995. FRA will announce the 1996
minimum annual random drug testing rate in a future Federal Register
notice.
Replacement of Post-Accident Testing Kits
On February 15, 1994, FRA published a final rule amending its
regulations on alcohol and drug misuse (49 CFR 219) in response to the
testing requirements mandated by the Omnibus Transportation Testing Act
of 1991. Prompted by recent low positive rates, FRA also raised the
amount of railroad property damage required for major train accidents
and for impact accidents, by redefining Sec. 219.201(a)(1)(iii) (major
train accidents) to require testing for accidents that cause $1,000,000
or more in damage, and redefining Sec. 219.201(a)(2)(ii) (impact
accidents) to require testing for non-injury accidents that cause
$150,000 or more in damage. Together, these changes should result in
about 30 percent fewer post-accident tests being conducted.
Additionally, FRA excluded from post-accident testing accidents that
otherwise qualify but are clearly attributable to vandalism.
To accommodate these changes, FRA announced that it will be
amending Appendix C to part 219 to modify its post-accident testing
procedures, toxicology kits, instructions, and forms to accommodate
mandatory urine split sample testing and optional breath alcohol
testing. FRA also will change its post-accident custody and control
forms, instructions, and testing kits. Since FRA already splits post-
accident blood samples into two sealed 10 milliliter tubes, the only
addition for split sample testing will be inclusion of a second urine
specimen bottle in the kit. FRA will also revise Forms F6180.73 and
F6180.74 to allow for railroad reporting of evidential breath test
results by adding a check off box for the railroad representative to
indicate whether one or more employees have been breath tested.
Unfortunately, FRA will be unable to provide enough post-accident
kits and forms to supply the entire industry before the January 1,
1995, effective date for alcohol testing. Therefore, for now, railroads
should continue to follow the Post-Accident Testing Sample Collection
Procedures listed in the current Appendix C to Part 219. To allow for a
smooth transition, FRA will not implement post-accident split sample
urine testing until new kits and forms become available. When this
occurs, FRA will publish a notice and a revised Appendix C to Part 219
containing split sample urine procedures. The anticipated target date
is February 28, 1995. FRA will publish additional notices if further
implementation delays become necessary.
The revised post-accident testing criteria will still take effect
as scheduled on January 1, 1995, however. As an interim measure, until
new kits and forms are available, when testing is required under one of
the redefined categories (i.e., ``major train accident,'' or ``impact
accident''), railroad representatives should line through the existing
monetary thresholds printed on the current form FRA F6180.73 and write
in ``$1,000,000 or more'' (``major train accident'') or ``$150,000 or
more'' (``impact accident''), whichever is applicable. (The criteria
for fatal train incidents and passenger train accidents listed on form
F6180.73 remain the same.)
If a railroad conducts breath alcohol tests, the railroad
representative may either attach a copy of the standard DOT (49 CFR
Part 40) breath alcohol testing form (the railroad will have to make an
additional copy for FRA purposes, since the Part 40 form allows only
for breath alcohol technician, employee, and employer copies) to the
FRA forms to be shipped with the toxicology kit, or send a copy of each
Part 40 form directly to FRA within 10 days of the tests. The revised
Appendix C will also contain these instructions.
As stated above, FRA intends to have new kits and forms available
by February 28, 1995. In anticipation, FRA will provide replacement
kits on a one-for-one basis at no charge. In order to accomplish an
orderly kit changeover, railroads are asked to provide FRA with
information as to the number of kits to be replaced, the mailing
address where the new kits are to be sent, and the name and telephone
number of a responsible officer at each location, no later than January
10, 1995. This will ensure kits are distributed to the locations most
advantageous to railroads. In compiling this list, railroads should
consider the composition of the new replacement kits. Each replacement
kit will contain only three individual specimen boxes instead of the
current five. (FRA's existing list is obsolete due to operational
changes and consolidations that have occurred since the last kit
replacement in 1990).
Railroads should send the required information in writing to Mr.
Lamar Allen, FRA Alcohol and Drug Program Manager, 400 7th Street S.W.,
Room 8314, Washington, D.C. 20590 (202) 366-0127. In order to
facilitate kit replacement, FRA would appreciate if railroads could
provide the listing on a diskette in WordPerfect as well.
Donald M. Itzkoff,
Deputy Administrator, Federal Railroad Administrator.
[FR Doc. 94-32092 Filed 12-29-94; 8:45 am]
BILLING CODE 4910-06-M
