[Federal Register Volume 59, Number 125 (Thursday, June 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15928]


[[Page Unknown]]

[Federal Register: June 30, 1994]


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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. RSAD-91-3]

 

Test Program to Evaluate Random Drug Testing Rate

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Notice of Extension of Test Program.

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SUMMARY: FRA extends an experimental program designed to evaluate the 
effect of different random drug testing rates on general deterrence. In 
a recent notice, the Department of Transportation proposed a system 
which would authorize FRA to lower the minimum random drug testing rate 
for railroads from 50 percent to 25 percent if the industry-wide random 
positive rate is less than 1.0 percent for 2 calendar years. If the 
Department adopts this proposal, FRA could use existing data from its 
previous annual reporting system as a basis for adjusting the minimum 
railroad random drug testing rate. Extending FRA's experimental program 
indefinitely will allow four test railroads that have been conducting 
random drug testing at a 25 percent rate to provide additional data on 
the relative effectiveness of the two testing rates.

DATES: FRA will extend the current conditional waivers indefinitely 
beginning on July 1, 1994.

FOR FURTHER INFORMATION CONTACT: Walter C. Rockey, Executive Assistant 
(RRS-3), Office of Safety, FRA, Washington, DC 20590 (Telephone: (202) 
366-0897) or Patricia V. Sun, Trial Attorney (RCC-30), Office of Chief 
Counsel, FRA, Washington, DC 20590 (Telephone: (202) 366-4002).

SUPPLEMENTARY INFORMATION: In February of 1991, the Association of 
American Railroads (AAR) filed a petition proposing an experimental 
program that would permit a test group of railroads to conduct random 
drug testing at a 25 percent rate for one year, for comparison against 
a group of control railroads which would continue to test at the 
required 50 percent rate. Data from the two groups could then be 
analyzed to determine the effect of different testing rates on 
deterrence.
    FRA agreed with the AAR that an experimental program would be 
useful. To create a group of test railroads, FRA granted four railroads 
(three Class I freight railroads and one commuter railroad) a waiver to 
conduct random drug testing at a 25 percent rate (instead of the 
required 50 percent rate) beginning on July 1, 1991. FRA also 
designated a control group of three additional Class I freight 
railroads and one additional commuter railroad which would continue to 
test at the 50 percent rate. FRA monitored the program by reviewing 
quarterly test reports submitted by the test and control railroads.
    In the program's first two years, positive test rates did not vary 
appreciably between the test and control groups. Through June 30, 1993, 
the four test railroads conducted 19,958 random drug tests, with a 
positive test rate of .90 percent. The four control railroads conducted 
34,121 random drug tests, with a positive rate of .85 percent. (The 
positive test rate for the industry as a whole was .89 percent in 1991, 
.79 percent in 1992, and .72 percent in 1993).
    The last three quarters of data, however, show a greater 
improvement in the aggregated positive test rate for the control group, 
(.75 percent), than for the test group (.83). This trend suggests 
caution when considering further reductions in the random drug testing 
rate. Railroads should also continue to use a mix of countermeasures, 
in addition to random testing, to ensure deterrence.
    On February 15, 1994, the Department published a Notice of Proposed 
Rulemaking proposing to allow the operating administrations to lower 
the minimum random drug testing rate from 50 percent to 25 percent if 
the industry-wide random positive rate is less than 1.0 percent for 2 
calendar years [59 FR 7614]. Under this proposed system, FRA could use 
existing data from railroad annual reports as a basis for lowering the 
minimum railroad random drug testing rate to 25 percent. In light of 
this notice, the AAR has requested an extension of the experimental 
program, currently set to expire on June 30, 1994, to allow the test 
railroads to continue testing at a 25 percent random rate until the 
Department decides whether or not to adopt this proposal.
    FRA intends to grant the AAR's request to extend the experimental 
program, and capture more data on the relative effectiveness of the two 
testing rates. By letter, FRA will extend the current conditional 
waivers indefinitely. FRA will continue to require all participating 
railroads to comply with its previously established protocols covering 
test conditions and reporting requirements. As before, FRA reserves the 
right to terminate or modify the experimental program on 10 days notice 
if any party fails to comply with any conditions specified in the 
protocols, if quarterly reports indicate a particularly serious 
degrading of performance by one or more of the test railroads, or if 
FRA finds material deficiencies in railroad alcohol/drug program 
administration.
    FRA does not intend to grant the AAR's proposal for a second 
experimental program to study the effect of further lowering the random 
drug testing rate to 10 percent. As stated above, the latest data from 
FRA's current experimental program shows a stronger trend of 
improvement in the positive test rate of the control railroads, which 
have continued to test at 50 percent. Moreover, the minimum testing 
rate should be set at that point which balances the value of additional 
deterrence against the increased cost of testing. As mentioned above, 
the Department has already considered this issue, and has proposed to 
lower the random drug testing rate to 25 percent if an industry 
achieves a positive test rate of less than 1.0 percent for two years. 
FRA's current experimental rate of 25 percent is consistent with the 
Department's proposal, and is not excessively burdensome in view of the 
residual rate of drug use in the rail industry. FRA therefore believes 
that an additional, separate rail experimental program to study the 
effect of a 10 percent rate is unnecessary, and will so notify the AAR 
by letter.

    Authority: 45 U.S.C. 431(c), 437; 49 CFR 1.49(m), 211.43, 
211.51.

    Issued in Washington, DC on June 27, 1994.
Bruce M. Fine,
Associate Administrator for Safety.
[FR Doc. 94-15928 Filed 6-29-94; 8:45 am]
BILLING CODE 4910-06-U