Federal Register: December 19, 2000 (Volume 65, Number 244)
DOCID: FR Doc 00-32321
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
CFR Citation: 49 CFR Part 219
Docket ID: [Docket No. RSOR-6; Notice No. 49]
RIN ID: RIN 2130-AA81
DOCUMENT ACTION: Notice of determination.
Alcohol and Drug Testing: Determination of Minimum Random Testing Rates for 2001
DATES: This notice is effective December 19, 2000.
Using data from Management Information System annual reports,
FRA has determined that the 1999 rail industry random testing positive
rate was .82 percent for drugs and .13 percent for alcohol. Since the
industrywide 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, 2001 through December 31, 2001 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 remain at 10 percent of covered railroad employees for the period January 1, 2001 through December 31, 2001.
Alcohol and drug testing; 2001 minimum random testing rates determination,
Administrator's Determination of 2001 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 Secs. 602 and 608).
Under this performancebased system, FRA may lower the minimum random drug testing rate to 25 percent whenever the industrywide 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 postaccident testing program, before deciding whether to lower annual minimum random testing rates). FRA will return the rate to 50 percent if the industrywide 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 remain at 25 percent of covered railroad employees for the period January 1, 2001 through December 31, 2001, since the industry random drug testing positive rate for 1999 was .82 percent.
FRA implemented a parallel performancebased system for random alcohol testing. Under this system, if the industrywide violation rate is less than 1.0 percent but greater than .5 percent, the rate will be 25 percent. FRA will raise the rate to 50 percent if the industrywide violation rate is 1.0 percent or higher in any subsequent calendar year. FRA may lower the minimum random alcohol testing rate to 10 percent whenever the industrywide violation rate is less than .5 percent for two calendar years while testing at a higher rate. Since the industrywide violation rate for alcohol has remained below .5 percent for the last two years, FRA is maintaining the minimum random alcohol testing rate at 10 percent of covered railroad employees for the period January 1, 2001 through December 31, 2001.
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, DC. on December 14, 2000.
Jolene M. Molitoris,
Federal Railroad Administrator.
[FR Doc. 0032321 Filed 121800; 8:45 am] BILLING CODE 491006P
FOR FURTHER INFORMATION CONTACT
Lamar Allen, Alcohol and Drug Program Manager, Office of Safety Enforcement, Mail Stop 25, Federal Railroad Administration, 1120 Vermont Avenue, NW., Washington, DC 20005, (Telephone: (202) 4936313).