98-4068. Random Drug and Alcohol Testing: Determination of 1998 Minimum Testing Rate

[Federal Register Volume 63, Number 32 (Wednesday, February 18, 1998)]
[Rules and Regulations]
[Pages 8142-8143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4068]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 219

[Docket No. RSOR-6; Notice No. 46]
RIN 2130-AA81


Random Drug and Alcohol Testing: Determination of 1998 Minimum 
Testing Rate

AGENCY: Federal Railroad Administration (FRA), DOT.

ACTION: Notice of determination.

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SUMMARY: Under Secs. 219.602 and 219.608 of FRA's regulations on drug 
and alcohol testing (49 CFR Part 219), 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 1995 and 1996, 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, 1998 through 
December 31, 1998 will remain at 25 percent of covered railroad 
employees.

DATES: This notice of determination is effective February 18, 1998.

FOR FURTHER INFORMATION CONTACT: 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: [phone]) or Patricia V. Sun, 
Trial Attorney (RCC-11), Office of Chief Counsel, FRA, Washington, D.C. 
20590 (Telephone: [phone]).

SUPPLEMENTARY INFORMATION:

Administrator's Determination of 1998 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 Management Information System. 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 Secs. 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 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 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.
    In 1994, FRA set the 1995 minimum random drug testing rate at 25 
percent

[[Page 8143]]

because 1992 and 1993 industry drug testing data indicated a random 
drug positive rate below 1.0 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, 1998 
through December 31, 1998, since the industry random positive rate for 
1996 was 0.85 percent.

Administrator's Determination of 1998 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 calendar years while testing at 
25 percent. 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 1995 MIS report indicated an industry-wide positive 
rate of 0.29 percent and the 1996 MIS report indicates a positive rate 
of 0.24 percent, recent FRA audits of railroad programs revealed 
significant random testing program problems which may have skewed the 
data. The most critical deficiency uncovered in these audits was the 
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 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 obtain at least one additional year of data and continue to 
audit industry testing programs. 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 February 11, 1998.
Jolene M. Molitoris,
Administrator, Federal Railroad Administration.
[FR Doc. 98-4068 Filed 2-17-98; 8:45 am]
BILLING CODE 4910-06-P