[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