[Federal Register Volume 60, Number 48 (Monday, March 13, 1995)]
[Rules and Regulations]
[Pages 13368-13377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6043]



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[[Page 13369]]

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Parts 382 and 391

[FHWA Docket No. MC-93-2]
RIN 2125-AD47


Controlled Substances Testing; Recordkeeping and Reporting 
Requirements

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Final rule.

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SUMMARY: This document amends the controlled substances and alcohol 
testing regulations to require a motor carrier to prepare an annual 
summary of alcohol and controlled substances test results only upon the 
demand of an FHWA representative, either as part of an inspection, 
investigation, or special study; or as part of the anti-drug management 
information system (MIS). The FHWA will use the data to conduct 
investigations, to analyze its current approach to deterring and 
detecting alcohol and controlled substances misuse within the motor 
carrier industry, and to modify program goals, as appropriate.

EFFECTIVE DATE: March 13, 1995.

FOR FURTHER INFORMATION CONTACT: For information regarding program 
issues: Mr. Ronald Finn, Office of Motor Carrier Standards, (202) 366-
0647, and for information regarding legal issues: Mr. David Sett, 
Office of the Chief Counsel, (202) 366-0834, Federal Highway 
Administration, Department of Transportation, 400 Seventh Street, SW., 
Washington, DC 20590. Office hours are from 7:45 a.m. to 4:15 p.m., 
e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    The FHWA published a final rule in the Federal Register on November 
21, 1988, requiring motor carriers to test commercial motor vehicle 
drivers for the use of controlled substances (53 FR 47134). The rule 
also required all carriers to compile a report containing certain 
information about their current controlled substances testing program. 
The FHWA published a final rule on December 23, 1993, under FHWA Docket 
No. MC-93-2, which amended 49 CFR 391.87(h) to modify the controlled 
substances testing information required to be maintained. The final 
rule also required that the report be submitted to the FHWA, if 
requested, as part of the FHWA anti-drug management information system 
(MIS) (58 FR 68220). On February 15, 1994, the FHWA published a final 
rule under FHWA Docket Nos. MC-116, MC-92-19, and MC-92-23, which 
amended 49 CFR Part 382 to apply these same MIS requirements to 
employers subject to the new controlled substances and alcohol testing 
program mandated by the Omnibus Transportation Employee Testing Act of 
1991 (59 FR 7484).
    On January 21, 1994, the American Trucking Associations, Inc. 
(ATA), filed a petition under 49 CFR 389.35 for reconsideration of the 
December 23, 1993, rulemaking. The ATA requested that the requirement 
that an annual summary be prepared and maintained by all employers be 
limited to those relatively few employers who have been selected to 
submit the annual summaries to the FHWA MIS. On February 3, 1994, the 
American Movers Conference filed a letter in support of the ATA's 
petition. Because the MIS reporting provisions in the December 23, 
1993, rule are the same as those appearing in the new rules for drug 
and alcohol testing under 49 CFR Part 382, the FHWA's response to the 
petition applies in the same manner to both 49 CFR Part 382 and 
Sec. 391.87(h).
    The ATA's petition has been granted in part and denied in part. The 
FHWA's response to the petition is reprinted here as appendix A but 
will not appear in the Code of Federal Regulations.
    Consistent with the response to the petition, the controlled 
substances and alcohol testing regulations at 49 CFR Parts 382 and 391 
are amended to require a motor carrier to prepare an annual summary 
only upon the demand of an FHWA representative, either as part of an 
inspection, investigation or special study; or as part of the MIS. The 
new requirements will apply as of March 13, 1995 and begin with the 
annual summaries for the year 1994.
    Also included in this document as appendix B are MC-154 and MC-155 
for use in filing reports with the FHWA MIS. The MIS forms were printed 
as an appendix to the February 15, 1994, final rule. The ``EZ'' form 
was inadvertently published without part D, Alcohol Testing 
Information. The MIS forms are being reprinted here in their entirety 
and will not appear in the Code of Federal Regulations. They are meant 
merely as examples of the forms that will be sent to employers who have 
been selected to submit reports to be used in the MIS. For employers 
who have not been selected to submit MIS reports, but who do compile 
annual summaries, any form may be used. This includes electronic 
storage as long as all the required data elements are available in 
paper form.
    The Office of the Secretary published a final rule on August 19, 
1994 (59 FR 42996), changing 49 CFR 40.29(g)(6) to require laboratories 
to submit quarterly instead of monthly statistical summary reports to 
employers. The FHWA is changing the reference in 49 CFR 391.81(h)(1) 
from monthly laboratory summaries to quarterly laboratory summaries in 
order to be consistent with 49 CFR Part 40.

Rulemaking Analyses and Notices

    The FHWA finds that further notice and opportunity for comment are 
unnecessary under 5 U.S.C. 553(b)(3)(B) inasmuch as the annual summary 
issue has already been the subject of notice-and-comment rulemakings 
(RIN 2125-AC85, 2125-AC81, and 2125-AD06), including three December 15, 
1992, notices of proposed rulemaking (57 FR 59516, 59539, and 59567). 
In addition, the FHWA believes that further notice and opportunity for 
comment are not required under the regulatory policies and procedures 
of the Department of Transportation. In light of the earlier 
opportunities to comment on this subject, and the comments actually 
received on this issue, the FHWA does not anticipate that providing an 
additional comment period would result in the receipt of useful 
information.
    The FHWA also believes that this final rule is exempt from the 30-
day delayed effective date requirement of the Administrative Procedure 
Act under 5 U.S.C. 553(d)(1) because it ``grants or recognizes an 
exemption or relieves a restriction.'' This final rule removes the 
requirement that all employers prepare an annual summary and instead 
requires only those employers directed by the FHWA to submit such 
reports, either as part of an investigation or the MIS, to prepare 
them. Therefore, the FHWA finds that good cause exists to proceed 
directly to a final rule.

Executive Order 12866 (Federal Regulation) and DOT Regulatory Policies 
and Procedures

    The FHWA has determined that this action is neither a significant 
regulatory action under Executive Order 12866 nor significant under the 
Department of Transportation's regulatory policies and procedures. In 
this final rule, the FHWA removes the requirement that all employers 
prepare an annual summary. Instead, only those employers required to 
submit annual summaries or make them available in safety inspections 
must prepare them. It is anticipated that the economic impact of this 
rulemaking will not be substantial although this [[Page 13370]] action 
will reduce employers' costs of complying with the FHWA controlled 
substances and alcohol use and testing regulations. Therefore, a full 
regulatory evaluation is not required.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the agency has evaluated the effects of this rulemaking on small 
entities. In this final rule only those employers required to submit 
annual summaries or make them available in safety inspections must 
prepare them by March 15 of the year following the date that a final 
test result determination is made. Based on this evaluation, the FHWA 
hereby certifies that this action will not have a significant economic 
impact on a substantial number of small entities.

Executive Order 12612 (Federalism Assessment)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that this rulemaking does not have sufficient federalism implications 
to warrant the preparation of a separate federalism assessment.

Executive Order 12372 (Intergovernmental Review)

    Catalog of Federal Domestic Assistance Program Number 20.217, Motor 
Carrier Safety. The regulations implementing Executive Order 12372 
regarding intergovernmental consultation on Federal programs and 
activities apply to this program.

Paperwork Reduction Act

    The information collection requirements in this rule are approved 
until March 31, 1997, by the Office of Management and Budget under the 
Paperwork Reduction Act of 1980, 44 U.S.C. 3501-3520, and have been 
assigned OMB control number 2125-0543.

National Environmental Policy Act

    The agency has analyzed this rulemaking for the purpose of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
has determined that this action would not have any effect on the 
quality of the environment.

Regulatory Identification Number

    A regulatory identification number (RIN) is assigned to each 
regulatory action listed in the Unified Agenda of Federal Regulations. 
The Regulatory Information Service Center publishes the Unified Agenda 
in April and October of each year. The RIN contained in the heading of 
this document can be used to cross reference this action with the 
Unified Agenda.

List of Subjects in 49 CFR Parts 382 and 391

    Alcohol concentration, Alcohol testing, Controlled substances 
testing, Highway safety, Motor carriers, Motor vehicle safety, 
Reporting and recordkeeping requirements.

    Issued on: March 7, 1995.
Rodney E. Slater,
Federal Highway Administrator.
    In consideration of the foregoing, the FHWA is amending title 49, 
Code of Federal Regulations, subchapter B, chapter III, parts 382 and 
391 as set forth below.

PART 382--CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING

    1. The authority citation for part 382 continues to read as 
follows:

    Authority: 49 U.S.C. 31136, 31301 et seq. and 31502: 49 CFR 
1.48.

    2. Section 382.401 is amended by revising paragraph (b)(1)(vi) to 
read as follows:


Sec. 382.401  Retention of Records.

* * * * *
    (b) * * *
    (1) * * *
    (vi) A copy of each annual calendar year summary required to be 
completed pursuant to Sec. 382.403.
* * * * *
    3. Section 382.403 is amended by revising paragraph (a) to read as 
follows:


Sec. 382.403  Reporting of Results in a Management Information System.

    (a) An employer shall prepare and maintain a summary of the results 
of its alcohol and controlled substances testing programs performed 
under this part during the previous calendar year, when requested by 
the Secretary of Transportation, any DOT agency, or any State or local 
officials with regulatory authority over the employer or any of its 
drivers.
* * * * *

PART 391--QUALIFICATION OF DRIVERS

    4. The authority citation for part 391 continues to read as 
follows:

    Authority: 49 U.S.C. 504, 31136, and 31502; and 49 CFR 1.48.


Sec. 391.87  [Amended]

    5. In 49 CFR 391.87(h)(1) remove the word ``monthly'' and add in 
its place the word ``quarterly.''
    6. Section 391.87 is amended by revising paragraph (h)(3) and 
adding paragraph (h)(4) to read as follows:


Sec. 391.87  Notification of test results and recordkeeping.

* * * * *
    (h) * * *
    (3) A motor carrier shall prepare and maintain a summary of the 
results of its alcohol and controlled substances testing programs 
performed under this part during the previous calendar year, when 
requested by the Secretary of Transportation, any DOT agency, or any 
State or local officials with regulatory authority over the motor 
carrier or any of its drivers. The information shall be made available 
for inspection at the motor carrier's principal place of business 
within two business days of the request.
    (4) If, during the month of January, a motor carrier is provided 
with forms by the Federal Highway Administration on which to report the 
motor carrier's annual calendar year summary information, the motor 
carrier shall complete the forms and submit them to the Federal Highway 
Administration by March 15 of that year. The motor carrier shall ensure 
that the annual summary report is accurate and received by March 15 at 
the location that the Federal Highway Administration specifies in its 
request. The report shall be in the form and manner prescribed by the 
Federal Highway Administration in its request. When the report is 
submitted to the Federal Highway Administration by mail or electronic 
transmission, the information requested shall be typed, except for the 
signature of the certifying official. Each motor carrier shall ensure 
the accuracy and timeliness of each report submitted by the motor 
carrier or a consortium.

    Note: The following appendixes will not appear in the Code of 
Federal Regulations.

Appendix A to Preamble--Response to Petition for Reconsideration

Before the Federal Highway Administration

Decision

    In the matter of: American Trucking Associations, Inc., 
Petitioner.

Petition for Reconsideration No. 94-11

    On January 21, 1994, the American Trucking Associations, Inc. 
(ATA) filed a timely petition under 49 CFR Sec. 389.35 for 
reconsideration of a Federal Highway Administration (FHWA) 
rulemaking: Controlled Substances Testing; Recordkeeping and 
Reporting Requirements; [[Page 13371]] Final Rule. 58 Fed. Reg. 
68220 (1993). The ATA requests that the rule's requirement that an 
annual summary be prepared and maintained by motor carriers be 
limited to those carriers which have been selected to submit the 
summaries to the FHWA. Attached to the letter is a copy of comments 
which the ATA submitted to the rulemaking docket (MC-93-2). On 
February 3, 1994, the American Movers Conference filed a letter in 
support of the ATA's petition. The motion is considered as a 
petition for reconsideration of a rule under 49 CFR 389.35. For the 
reasons set forth below, the petition is granted in part and denied 
in part.
    The rule establishes a management information system (MIS) for 
FHWA drug testing regulations. Certain information relating to a 
carrier's drug testing program (e.g., number of tests administered 
and number of tests with verified positive results) is required to 
be compiled and maintained on an annual basis as part of the MIS. 
Prior to the December 23, 1993, rulemaking, the FHWA already 
required substantially the same information to be compiled and 
maintained. 49 CFR 391.87(h). In addition to deleting some items of 
information and adding others, the subject rulemaking amended 
Sec. 391.87(h) to require that annual summaries, required to be 
maintained by all carriers, be submitted, in the form provided in 
the rulemaking, to the FHWA by a relatively small number of selected 
carriers each year for statistical purposes.
    The MIS provisions in the subject rulemaking are similar to 
those appearing in the new rules for drug and alcohol testing. 49 
CFR Part 382. Therefore, any discussion or amendment of 
Sec. 391.87(h) pursuant to the petition applies in the same manner 
to Part 382.
    The ATA petitions the Administrator to reconsider the 
requirement that all carriers be required to complete annual summary 
forms. The ATA recommends that only carriers which have been 
selected to submit annual summaries to the FHWA be required to 
complete them.
    The ATA states that it ``supports reasonable recordkeeping 
requirements * * * [but] opposes recordkeeping requirements which 
are unduly complex and exceed legitimate needs for monitoring 
compliance.'' The ATA argues that requiring all carriers to complete 
annual summaries is unreasonable and constitutes a ``severe 
paperwork burden'' without commensurate safety benefits.
    As mentioned above, the rulemaking made no significant 
substantive changes to the information already required to be 
maintained and prepared in Sec. 391.87. Annual summaries have been 
required since the inception of the drug testing program in 1989.
    The rule, therefore, does not increase, but only continues, any 
data maintenance burden on carriers.
    The rule also does not significantly increase the procedural 
burden. Contrary to the assumption in the petition, the rule does 
not require all motor carriers to complete annual summary forms. 
Only those carriers which have been selected to submit data are 
required to put that data on a form, and mail it to the FHWA. Thus, 
the ATA's cost estimate, based on FHWA's computation of time to 
complete one form, of $1.3 to $5.4 million for 270,000 carriers to 
complete the forms is not accurate. In actuality, only a fraction of 
those 270,000 carriers will be required to complete and submit a 
form in any given year.
    The rule does continue the requirement of preparing and 
maintaining certain testing information. For the vast majority of 
carriers, this means that the information, which consists of yearly 
totals in various categories, must be culled from the carrier's 
files and kept in one place. No forms need to be completed. Indeed, 
the form of the summary is not specified at all. The carrier can 
choose the form best suited to its operations, including computer 
technology. Sec. 390.31. Such electronic data storage and retrieval 
systems should facilitate the generation of the summaries.
    Though an assessment of the burden of compliance with the annual 
summary requirement should not properly include the cost of form 
preparation, it must be acknowledged that a cost is incurred simply 
in the compiling and maintaining of the summary information. Though 
difficult to quantify, the cost, added to an already costly drug 
testing program, may be significant, given the large number of 
carriers subject to the rules. The addition of alcohol testing to 
drug testing, along with the inclusion of intrastate with interstate 
carriers subject to testing, will only increase the overall cost of 
data maintenance. Given these costs, the question becomes, can the 
regulatory benefit to the FHWA in the context of the program as a 
whole justify the imposition of the addition costs associated with 
the annual summary?
    The ATA argues that a summary of a year's activity is of no 
value in determining compliance, because drug testing requirements 
are driver and trip specific. Even the rate at which the employer is 
actually randomly testing its drivers cannot be determined from 
review of an annual summary, the ATA asserts, because ``the summary 
provides only the number of covered employees, while the random 
selection criteria is based on driver positions.''
    It is correct that an employer must test its employees at a 
given rate based on the number of its driving positions during the 
course of the year, and that the annual summary includes a different 
number--the total number of drivers subject to testing during the 
year. It is incorrect, however, that the annual summary is of no use 
in determining a carrier's compliance with the random testing rate. 
In most, but not all, instances, the number of random tests 
performed will appear on the annual summary, which is part of the 
rate equation. No other information on the annual summary can be 
used directly to enforce compliance with drug testing requirements, 
however.
    The annual summary also has value in indirect enforcement of 
drug testing requirements. Nowhere else is information on a 
carrier's drug testing program compiled in one location. Drug 
testing data is usually maintained in individual driver 
qualification files. The annual summary gives an overall picture of 
the drug testing program, and may alert FHWA representatives to 
irregularities which can be further investigated through other 
employer records.
    A collateral benefit lies in the picture which an annual summary 
presents a carrier of its program as a whole. With testing 
information scattered about in individual files, and perhaps in 
different locations, it may be difficult for a carrier to determine 
the overall effectiveness of its program. Inconsistencies and flaws 
which might otherwise be missed may be highlighted by the annual 
summary, allowing the carrier to make any changes to the program 
necessary to ensure compliance. Yet, mandating completion of an 
annual summary is a one size fits all management approach. Many 
carriers may have alternative, and less costly, methods of 
accomplishing the same oversight.
    In summary, the annual summary offers limited benefits to the 
FHWA in direct enforcement of testing requirements, and perhaps 
greater benefits in indirect enforcement. It may be helpful, though 
not essential, for an FHWA inspector to have the information 
available. On the other hand, these marginal benefits are never 
realized in regard to the vast majority of carriers neither asked to 
submit the summaries they labored to complete, nor made the subject 
of a compliance audit.
    It is not reasonable or cost effective in terms of enforcement, 
therefore, to require all carriers to complete an annual summary by 
March 15 of each year, when only a mere fraction of those summaries 
are ever reviewed by FHWA officials. Many prudent carriers may very 
well wish to prepare and maintain a summary each year as a 
management aid or in anticipation of an inspection or submission 
request, but they should not be required to do so.
    For carriers that are inspected, however, it may be beneficial 
for an FHWA inspector to review an annual summary. Therefore, the 
rule will be amended to require a carrier to produce an annual 
summary only upon the demand of an FHWA representative, either as 
part of an inspection, investigation or special study; or for 
statistical purposes. Thus, the ATA's petition to restrict the 
summary requirement to statistical purposes is denied, though the 
instances in which the summaries must be completed is being greatly 
reduced consistent with the petition.
    This scheme will operate well with the requirements in the new 
alcohol and drug testing regulations to be implemented on January 1, 
1995, and 1996. The new regulations, Part 382, contain an MIS for 
drug and alcohol testing similar to that in Part 391 for drug 
testing. Part 391 will sunset as Part 382 testing is implemented. 
Both Parts 382 and 391 now provide for prior notice. Sections 
382.401(d) and 391.87(h)(3) allow the employer to make all records 
required to be maintained in Part 382 or Sec. 391.87 ``available at 
the employer's principal place of business within two business days 
after a request has been made by an authorized representative of the 
Federal Highway Administration.'' Upon request, the carrier would 
gather the records together, along with [[Page 13372]] the most 
current annual summary, and present them to the FHWA representative.
    Wherefore, the petition of the American Trucking Associations, 
Inc. for reconsideration of the FHWA final rule at 58 Fed. Reg. 
68220 (January 21, 1994,) is hereby denied in part and granted in 
part consistent with the foregoing. The FHWA will publish a final 
rule accordingly.

    Dated: March 7, 1995.
Rodney E. Slater,
Federal Highway Administrator.

Appendix B to Preamble--Information Systems Data Collection Forms

Drug and Alcohol Testing Management Information System (MIS) Data 
Collection Form

Instructions

    The following instructions are to be used as a guide for 
completing the drug and alcohol testing information sought by the 
Federal Highway Administration (FHWA) and the U.S. Department of 
Transportation (DOT) in the Drug and Alcohol Testing MIS Data 
Collection Form. These instructions explain the information 
requested and indicate the probable sources for this information. A 
sample testing results table with a narrative explanation is 
provided on pages iii-iv (for drug results) and v-vi (for alcohol 
results) as an example to facilitate the process of completing the 
form correctly.
    This reporting form is comprised of four sections. Collectively, 
these sections address the data elements required in the FHWA and 
the DOT drug and alcohol testing regulations. The four sections, the 
page number for the instructions, and the page location on the 
reporting form are shown below.

------------------------------------------------------------------------
                                                 Instructions  Reporting
                    Section                          page      form page
------------------------------------------------------------------------
A. Motor Carrier Employer Information.........  i                      1
B. Covered Employees..........................  i                      1
C. Drug Testing Information...................  ii-iv                  2
D. Alcohol Testing Information................  iv-vi                  3
------------------------------------------------------------------------

    Page 1--MOTOR CARRIER EMPLOYER INFORMATION (Section A) requires 
the company name for which the report is completed, a current 
address, the U.S. DOT number, and the ICC number (if applicable). A 
signature, date, and current telephone (including the area code) 
must be entered by the person certifying to the correctness and 
completeness of the report.
    Page 1--COVERED EMPLOYEES (Section B) requires a count for each 
driver that must be tested under DOT regulations. There is only one 
category of covered employees for FHWA regulated employers, and that 
is ``Drivers''. The most likely source for this information is the 
employer's personnel department. These counts should be based on the 
company records for the calendar year being reported. An employee 
who is hired twice or more in the reported year must be counted as a 
single employee.
    Additional information must be completed if your company employs 
personnel who perform duties covered by the drug and alcohol rules 
of more than one DOT operating administration. NUMBER OF EMPLOYEES 
COVERED BY MORE THAN ONE DOT OPERATING ADMINISTRATION, requires that 
you identify the number of drivers, who are covered employees, under 
the appropriate additional operating administration(s). The 
employees covered by more than one DOT operating administration must 
be counted under all appropriate operating administrations.
    Page 2--DRUG TESTING INFORMATION (Section C) requires 
information for drug testing by category of testing. These 
categories include: (1) pre-employment, (2) random, (3) post-
accident/non-fatal, (4) post-accident/fatal, (5) reasonable 
suspicion, (6) return to duty, and (7) follow-up testing. All 
numbers entered into this table should be for applicants or company 
employees in a covered position only (i.e. ``Drivers''). Each part 
of this table must be completed for each category of testing. These 
numbers do not include refusals for testing.
    Section C is used to summarize the drug testing results for 
applicants and covered employees. There are seven categories of 
testing to be completed. The first part of the table is where you 
enter the data on pre-employment testing. The following six parts 
are for entering drug testing data on random, post-accident/non-
fatal, post-accident/fatal, reasonable suspicion, return to duty, 
and follow-up testing, respectively. Items necessary to complete 
these tables include:
    (1) The number of specimens collected in each testing category;
    (2) The number of specimens tested which were verified negative 
and verified positive for any drug(s); and
    (3) Individual counts of those specimens which were verified 
positive for each of the five drugs.
    Do not include results of quality control (QC) samples submitted 
to the testing laboratory in any of the tables.
    A sample table with detailed instructions is provided for the 
first part, PRE-EMPLOYMENT TESTING
    Information on actions taken with those persons testing positive 
is required at the end of Section C. Specific instructions for 
providing this latter information are given after the instructions 
for completing the table in Section C.
    Three types of information are necessary to complete the left 
side of this table. The first column (``NUMBER OF SPECIMENS 
COLLECTED''), requires a count for all collected specimens. It 
should not include refusals to test. The second column (``NUMBER OF 
SPECIMENS VERIFIED NEGATIVE''), requires a count for all completed 
tests that were verified negative by your Medical Review Officer 
(MRO).
    The third column (``NUMBER OF SPECIMENS VERIFIED POSITIVE FOR 
ONE OR MORE OF THE FIVE DRUGS''), refers to the number of specimens 
provided by job applicants or employees that were verified positive. 
``Verified positive'' means the results were verified by your MRO.
    The right hand portion of thee table (``NUMBER OF SPECIMENS 
VERIFIED POSITIVE FOR EACH TYPE OF DRUG''), requires counts of 
positive tests for each of the five drugs for which tests were 
completed (i.e., marijuana (THC), cocaine, phencyclidine (PCP), 
opiates, and amphetamines). The number of positive specimens for 
each drug should be entered in the appropriate column for that drug 
type. Again, ``verified positive'' refers to test results verified 
by your MRO.
    If an applicant or employee tested positive for more than one 
drug; for example, both marijuana and cocaine, that person's 
positive results should be included once in each of the appropriate 
columns (marijuana and cocaine).
    A sample table is provided on page iii with example numbers.
    Page 2--Below the table for drug testing information is a box 
(``Number of persons denied a position as a covered employee 
following a verified positive drug test''). This is a count of those 
persons who were not placed in a covered position because they 
tested positive for one or more drugs.
    Page 2--Also following the table that summarizes DRUG TESTING 
INFORMATION, you must provide counts for employees returned to duty 
during this reporting period who had a verified positive drug test 
or refused a drug test required under the FHWA rule. This 
information should be available from the personnel office and/or 
drug program manager.

Sample Applicant Test Results Table

    The following example is for Section C, DRUG TESTING 
INFORMATION, which summarizes pre-employment testing results. The 
procedures detailed here also apply to the other categories of 
testing in Section C which require you to summarize testing results 
for employees. This example uses ``Pre-Employment'' testing to 
illustrate the correct procedures for completing the form.
    A. Urine specimens were collected for 157 job applicants for 
driver positions during the reporting year. This information is 
entered in the first column of the table in the row marked ``PRE-
EMPLOYMENT''.
    B. The Medical Review Officer (MRO) for your company reported 
that 153 of those 157 specimens from applicants for driver positions 
were negative (i.e., no drugs were detected). Enter this information 
in the second column of the table in the row marked ``PRE-
EMPLOYMENT''.
    C. The MRO for your company reported that 4 of those 157 
specimens from applicants for driver positions were positive (i.e., 
a drug or drugs were detected). Enter this information in the third 
column of the table in the row marked ``PRE-EMPLOYMENT''.
    D. With the 4 specimens that tested positive, the following 
drugs were detected:

------------------------------------------------------------------------
    Specimen                               Drugs                        
------------------------------------------------------------------------
#1..............  Marijuana.                                            
#2..............  Amphetamines.                                         
#3..............  Marijuana and Cocaine (Multi-drug specimen).          
#4..............  Marijuana.                                            
------------------------------------------------------------------------


                                                                        
[[Page 13373]]                                                          
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          Number of       Number of specimens verified positive for each type of drug   
                                                                          specimens  -------------------------------------------------------------------
                                                Number of    Number of     verified                                                                     
                 Type of test                   specimens    specimens     positive                                                                     
                                                collected     verified    for one or   Marijuana     Cocaine    Phencyclidine    Opiates    Amphetamines
                                                              negative   more of the     (THC)                      (PCP)                               
                                                                          five drugs                                                                    
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pre-employment...............................          157          153            4            3            1             0             0             1
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Marijuana was detected in three (3) specimens, cocaine in one 
(1), and amphetamines in one (1). This information is entered in the 
columns on the right hand side of the table under each of these 
drugs. Since two different drugs were detected in specimen #3 
(multi-drug), entries are made in both the marijuana and the cocaine 
columns for this specimen. Information on multi-drug specimens must 
also be entered in the table, SPECIMENS VERIFIED POSITIVE FOR MORE 
THAN ONE DRUG.
    Note that adding up the numbers for each type of drug in a row 
(``NUMBER OF SPECIMENS VERIFIED POSITIVE FOR EACH TYPE OF DRUG'') 
will not always match the number entered in the third column, 
``NUMBER OF SPECIMENS VERIFIED POSITIVE FOR ONE OR MORE OF THE FIVE 
DRUGS''. The total for the numbers on the right hand side of the 
table may differ from the number of specimens testing positive since 
some specimens may contain more than one drug.
    Remember that the same procedures indicated above are to be used 
for completing all categories of testing in the table in Section C.
    Page 2--SPECIMENS VERIFIED POSITIVE FOR MORE THAN ONE DRUG 
requires information on specimens that contained more than one drug. 
First, indicate the NUMBER OF VERIFIED POSITIVES. Then, specify the 
combination of drugs reported as positive by placing the number in 
the appropriate columns. For example, if marijuana and cocaine were 
detected in 3 specimens, then you would write ``3'' as the number of 
verified positives, and ``3'' in the columns for ``Marijuana'' and 
``Cocaine''. If marijuana and opiates were detected in 2 specimens, 
then you would write ``2'' as the number of verified positives, and 
``2'' in the columns for ``Marijuana'' and ``Opiates''.
    Page 2--EMPLOYEES WHO REFUSED TO SUBMIT TO A DRUG TEST requires 
a count of the NUMBER OF COVERED EMPLOYEES who refused to submit to 
a random or non-random (pre-employment, post-accident, reasonable 
suspicion, return to duty, or follow-up) drug test required by FHWA 
regulation.
    Page 2--DRUG TRAINING/EDUCATION requires information on the 
number of supervisory personnel who have received the required drug 
training during the current reporting period.
    Page 3--ALCOHOL TESTING INFORMATION (Section D) requires 
information for alcohol testing by category of testing. These 
categories include: (1) pre-employment, (2) random, (3) post-
accident/non-fatal, (4) post-accident/fatal, (5) reasonable 
suspicion, (6) return to duty, and (7) follow-up testing. All 
numbers entered into this table should be for applicants or company 
employees in covered positions only (i.e., ``Drivers''). Each part 
of this table must be completed for each category of testing. These 
numbers do not include refusals for testing. A sample table is 
provided on page vi with example numbers.
    Four types of information are necessary to complete this table. 
The first column (``NUMBER OF SCREENING TESTS''), requires a count 
of all screening alcohol tests performed. It should not include 
refusals to test. The second column (``NUMBER OF CONFIRMATION 
TESTS'') requires a count of all confirmation alcohol tests 
performed.
    The third column (``NUMBER OF CONFIRMATION TEST RESULTS EQUAL TO 
OR GREATER THAN 0.02, BUT LESS THAN 0.04''), refers to the number of 
test results equal to or greater than 0.02, but less than 0.04.
    The fourth column (``NUMBER OF CONFIRMATION TEST RESULTS EQUAL 
TO OR GREATER THAN 0.04''), refers to the number of specimens with a 
result equal to or greater than 0.04. Note: For return to duty 
testing, a confirmation test result equal to or greater than 0.02 is 
a violation of the alcohol rule. Therefore, if the number of results 
equal to or greater than 0.04 is unknown, you may report all results 
in the third column of the table.
    Page 3--Below the table for alcohol testing information is a box 
(``Number of persons denied a position as a covered employee 
following an alcohol test indicating an alcohol concentration of 
0.04 or greater''). This is a count of those persons who were not 
placed in a covered position because their alcohol test indicated an 
alcohol concentration of 0.04 or greater.
    Page 3--Also following the table that summarizes ALCOHOL TESTING 
INFORMATION, you must provide a count of the ``Number of employees 
who engaged in alcohol misuse who were returned to duty in a covered 
position (having complied with the recommendations of a substance 
abuse professional as described in FHWA regulations)''. This 
information should be available from the personnel office and/or 
drug and alcohol program manager.

Sample Applicant Test Results Table

    The following example is for ALCOHOL TESTING INFORMATION, which 
summarizes pre-employment testing results. The procedures detailed 
here also apply to the other reasons for testing in the table which 
require you to summarize testing results for employees. This example 
will use ``Pre-Employment'' testing to illustrate the procedures for 
completing the form.
    A. Screening tests were performed on 157 job applicants for 
driver positions during the reporting year. This information is 
entered in the first blank column of the table in the row marked 
``PRE-EMPLOYMENT''.
    B. Confirmation tests were necessary for 6 of the 157 applicants 
for driver positions. Enter this information in the second blank 
column of the table in the row marked ``PRE-EMPLOYMENT''. The 
confirmation test results for these 6 applicants were the following:

------------------------------------------------------------------------
                                                            Confirmation
                         Applicant                             result   
------------------------------------------------------------------------
#1........................................................          0.06
#2........................................................          0.01
#3........................................................          0.11
#4........................................................          0.04
#5........................................................          0.03
#6........................................................          0.02
------------------------------------------------------------------------

    C. The confirmation test results for 2 of the applicants for 
driver positions were equal to or greater than 0.02, but less than 
0.04. Enter this information in the third blank column of the table 
in the row marked ``PRE-EMPLOYMENT''.
    D. The confirmation test results for 3 of the applicants for 
driver positions were equal to or greater than 0.04. Enter this 
information in the fourth blank column of the table in the row 
marked ``PRE-EMPLOYMENT''.

----------------------------------------------------------------------------------------------------------------
                                                                                        Number of               
                                                                                      confirmation    Number of 
                                                                                      test results  confirmation
                                                            Number of     Number of    equal to or  test results
                       Type of test                         screening   confirmation  greater than   equal to or
                                                              tests         tests       0.02, but   greater than
                                                                                        less than       0.04    
                                                                                          0.04                  
----------------------------------------------------------------------------------------------------------------
Pre-employment...........................................          157             6             2             3
----------------------------------------------------------------------------------------------------------------

     [[Page 13374]] Note that adding up the numbers for confirmation 
results in columns three and four will not always match the number 
entered in the second column, ``NUMBER OF CONFIRMATION TESTS''. 
These numbers may differ since some confirmation test results may be 
less than 0.02.
    Remember that the same procedures indicated above are to be used 
for completing all categories of testing in the table in Section D.
    Page 3--Number of employees administered drug and alcohol tests 
at the same time resulting in a verified positive drug test and an 
alcohol test indicating an alcohol concentration of 0.04 or greater, 
requires that a count of all such employees be entered in the 
indicated box.
    Page 3--VIOLATIONS OF OTHER ALCOHOL PROVISIONS/PROHIBITIONS OF 
THIS REGULATION, requires information on the NUMBER OF COVERED 
EMPLOYEES committing such a violation, a description of the 
VIOLATION committed (e.g., pre-duty alcohol use, on duty alcohol 
use, on duty alcohol possession), and a description of the ACTION 
TAKEN in response to the violation.
    Page 3--EMPLOYEES WHO REFUSED TO SUBMIT TO AN ALCOHOL TEST 
requires a count of the NUMBER OF COVERED EMPLOYEES who refused to 
submit to a random or non-random (pre-employment, post-accident, 
reasonable suspicion, return to duty, or follow-up) alcohol test 
required under the FHWA regulation.
    Page 3--ALCOHOL TRAINING/EDUCATION requires information on the 
number of supervisors who have received initial training on the 
specific contemporaneous physical, behavioral, and performance 
indicators of probable alcohol use as required by FHWA alcohol 
testing regulations during the current reporting period.

FHWA Drug and Alcohol Testing MIS Data Collection Form OMB No. 2125-
0543

A. Motor Carrier Employer Information

Company ---------------------------------------------------------------
Year Covered by This Report:-------------------------------------------

Principal Place of Business for Safety:
Physical Address-------------------------------------------------------

Mailing Address--------------------------------------------------------

----------------------------------------------------------------------

----------------------------------------------------------------------

----------------------------------------------------------------------

U.S. DOT Number--------------------------------------------------------

ICC Number-------------------------------------------------------------
----------------------------------------------------------------------

    I, the undersigned, certify that the information provided on 
this Federal Highway Administration Drug Testing Management 
Information System Data Collection Form is, to the best of my 
knowledge and belief, true, correct, and complete for the period 
stated.

----------------------------------------------------------------------
Signature

----------------------------------------------------------------------
Date of Signature

----------------------------------------------------------------------
Title
----------------------------------------------------------------------
Phone Number

    Title 18, U.S.C. Section 1001, makes it a criminal offense 
subject to a maximum fine of $10,000, or imprisonment for not more 
than 5 years, or both, to knowingly and willfully make or cause to 
be made any false or fraudulent statements or representations in any 
matter within the jurisdiction of any agency of the United States.
    The Federal Highway Administration estimates that the average 
burden for this report form is 2 hours. You may submit any comments 
concerning the accuracy of this burden estimate or any suggestions 
for reducing the burden to: Director, Office of Motor Carrier 
Standards (HCS-1); Federal Highway Administration; 400 7th St., SW., 
Washington, DC 20590; OR Office of management and Budget, Paperwork 
Reduction Projects (2125-0543); Washington, DC 20503.

                                              B. Covered Employees                                              
----------------------------------------------------------------------------------------------------------------
                                                                  Covered Employees                             
                                   -----------------------------------------------------------------------------
                                     Number of      Number of employee covered by more than one DOT operating   
         Employee category              FHWA                              administration                        
                                      covered   ----------------------------------------------------------------
                                     employees       FAA          FRA          FTA          RSPA         USCG   
----------------------------------------------------------------------------------------------------------------
Drivers...........................                                                                              
----------------------------------------------------------------------------------------------------------------

Read Before Completing the Remainder of this Form:

    1. All items refer to the current reporting period only (for 
example, January 1, 1994-December 31, 1994).
    2. This report is only for testing REQUIRED BY THE FEDERAL 
HIGHWAY ADMINISTRATION (FHWA) AND THE U.S. DEPARTMENT OF 
TRANSPORTATION (DOT):
     Results should be reported only for employees in 
COVERED POSITIONS as defined by FHWA/DOT drug and alcohol testing 
regulations.
     The information requested should only include testing 
for marijuana (THC), cocaine, phencyclidine (PCP), opiates, 
amphetamines, and alcohol using the standard procedures required by 
DOT regulation 49 CFR Part 40.
    3. Information on refusals for testing should only be reported 
in the tables entitled ``EMPLOYEES WHO REFUSED TO SUBMIT TO A DRUG 
(or AN ALCOHOL) TEST''. Do not include refusals for testing in other 
sections of this report.
    4. Do not include the results of any quality control (QC) 
samples submitted to the testing laboratory in any of the tables.
    5. Complete all items; DO NOT LEAVE ANY ITEM BLANK. If the value 
for an item is zero (0), place a zero (0) on the form.

                                                               C. Drug Testing Information                                                              
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          Number of       Number of specimens verified positive for each type of drug   
                                                                          specimens  -------------------------------------------------------------------
                                                Number of    Number of     verified                                                                     
                 Type of test                   specimens    specimens     positive                                                                     
                                                collected     verified    for one or   Marijuana     Cocaine    Phencyclidine    Opiates    Amphetamines
                                                              negative   more of the     (THC)                      (PCP)                               
                                                                          five drugs                                                                    
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pre-employment...............................                                                                                                           
Random.......................................                                                                                                           
Post-Accident/non-fatal......................                                                                                                           
Post-Accident/fatal..........................                                                                                                           
Reasonable suspicion.........................                                                                                                           
Return to duty...............................                                                                                                           
Follow-up....................................                                                                                                           
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                                                                                                                                        
                                                                                                                                                        
Number of persons denied a position as a covered employee               
 following a verified positive drug test:                               
                                                                        


Number of employees returned to duty during this reporting              
 period who had a verified positive drug test or refused a              
 drug test required under the FHWA rule:                                
                                                                        


                               Specimens Verified Positive for More Than One Drug                               
                                                                                                                
                                               Marijuana                Phencyclidine                           
        Number of verified positives             (THC)       Cocaine        (PCP)        Opiates    Amphetamines
                                                                                                                
                                                                                                                
                                                                                                                
                                                                                                                
                                                                                                                


                                                                        
       Employees who refused to submit to a drug test           Number  
Covered employees who refused to submit to a random drug                
 test required under the FHWA regulation...................             
Covered employees who refused to submit to a non-random                 
 drug test required under the FHWA regulation..............             


----------------------------------------------------------------------------------------------------------------
                      Drug training/education                                          Number                   
----------------------------------------------------------------------------------------------------------------
Number of supervisors who have received initial training on the                                                 
 specific contemporaneous physical, behavioral, and performance                                                 
 indicators of probable drug use as required by FHWA drug testing                                               
 regulations:                                                                                                   
----------------------------------------------------------------------------------------------------------------


                                         D. Alcohol Testing Information                                         
----------------------------------------------------------------------------------------------------------------
                                                                                        Number of               
                                                                                      confirmation    Number of 
                                                                                      test results  confirmation
                                                            Number of     Number of    equal to or  test results
                       Type of Test                         screening   confirmation  greater than   equal to or
                                                              tests         tests       0.02, but   greater than
                                                                                        less than       0.04    
                                                                                          0.04                  
----------------------------------------------------------------------------------------------------------------
Pre-employment...........................................                                                       
Random...................................................                                                       
Post-accident/non-fatal..................................                                                       
Post-accident/fatal......................................                                                       
Reasonable suspicion.....................................                                                       
Return to duty...........................................                                                       
Follow-up................................................                                                       
----------------------------------------------------------------------------------------------------------------


                                                                        
                                                                        
                                                                        
Number of persons denied a position as a covered employee               
 following an alcohol test indicating an alcohol                        
 concentration of 0.04 or greater:                                      
Number of employees who engaged in alcohol misuse who were              
 returned to duty in a covered position (having complied                
 with the recommendations of a substance abuse professional             
 as described in FHWA regulations):                                     
Number of employees administered drug and alcohol tests at              
 the same time resulting in a verified positive drug test               
 and an alcohol test indicating an alcohol concentration of             
 0.04 or greater:                                                       
                                                                        


                     Violations of Other Alcohol Provisions/Prohibitions of this Regulation                     
                                                                                                                
 Number of                                                                                                      
  covered                       Violation                                        Action taken                   
 employees                                                                                                      
  .........  Driver used alcohol while performing safety-     ..................................................
              sensitive function.                                                                               
  .........  Driver used alcohol within 4 hours of            ..................................................
              performing safety-sensitive function.                                                             
  .........  Driver used alcohol before taking a required     ..................................................
              post-accident alcohol test.                                                                       


------------------------------------------------------------------------
     Employees who refused to submit to an alcohol test         Number  
------------------------------------------------------------------------
Covered employees who refused to submit to a random alcohol             
 test required under the FHWA regulation...................             
Covered employees who refused to submit to a non-random                 
 alcohol test required under the FHWA regulation...........             
------------------------------------------------------------------------


------------------------------------------------------------------------
                 Alcohol Training/Education                     Number  
------------------------------------------------------------------------
Number of supervisors who have received initial training on             
 the specific contemporaneous physical, behavioral, and                 
 performance indicators of probable alcohol use as required             
 by FHWA alcohol testing regulations.......................             
------------------------------------------------------------------------


[[Page 13376]]


Drug and Alcohol Testing Management Information System (MIS) ``EZ'' 
Data Collection Form

Instructions

    The following instructions are to be used as a guide for 
completing the Federal Highway Administration (FHWA) and the U.S. 
Department of Transportation (DOT) Drug and Alcohol Testing MIS 
``EZ'' Data Collection Form. This form should only be used if there 
are no positive drug tests and no alcohol misuse to be reported by 
your company. These instructions explain the information requested 
and indicate the probable sources for this information. This 
reporting form includes four sections. These sections address the 
data elements required in the FHWA and DOT drug and alcohol testing 
regulations.
    SECTION A--MOTOR CARRIER EMPLOYER INFORMATION requires the 
company name for which the report is completed, a current address, 
the U.S. DOT number, and the ICC number (if applicable). A signature 
and title, date, and current telephone (including the area code) 
must be entered by the person certifying the correctness and 
completeness of the report.
    SECTION B--COVERED EMPLOYEES requires a count for each employee 
category that must be tested under FHWA regulations. There is only 
one category of covered employees for FHWA, and that is ``Drivers''. 
The most likely source for this information is the employer's 
personnel department. These counts should be based on the company 
records for the calendar year being reported. An employee who is 
hired twice or more in the reported year must be counted as a single 
employee.
    Additional information must be completed if your company employs 
personnel who perform duties covered by the drug and alcohol rules 
of more than one DOT operating administration. NUMBER OF EMPLOYEES 
COVERED BY MORE THAN ONE DOT OPERATING ADMINISTRATION, requires that 
you identify the number of employees in each employee category under 
the appropriate additional operating administration(s). The 
employees covered by more than one DOT operating administration must 
be counted under all appropriate operating administrations.
    SECTION C--DRUG TESTING INFORMATION requires information for 
drug testing, refusals for testing, and training/education. The 
first table requests information on the NUMBER OF SPECIMENS 
COLLECTED AND VERIFIED NEGATIVE in each category for testing. These 
categories include: (1) pre-employment, (2) random, (3) post-
accident/ non-fatal, (4) post-accident/fatal, (5) reasonable 
suspicion, (6) return to duty, and (7) follow-up testing. All 
numbers entered into this table should be for applicants or company 
employees in a covered position only (i.e. ``Drivers''). Each part 
of this table must be completed for each category of testing. These 
numbers do not include refusals for testing. ``COLL'' requires the 
number of specimens collected for each category of testing. ``NEG'' 
requires a count for all completed tests that were verified negative 
by your Medical Review Officer (MRO). Do not include results of 
quality control (QC) samples submitted to the testing laboratory in 
any of the categories.
    Following the table for drug testing data you must provide 
counts for drivers returned to duty during this reporting period who 
had a verified positive drug test or refused a drug test required 
under the FHWA rule. This information should be available from the 
personnel office and/or drug program manager.
    EMPLOYEES WHO REFUSED TO SUBMIT TO A DRUG TEST requires a count 
of the NUMBER OF COVERED EMPLOYEES who refused to submit to a random 
or non-random (pre-employment, post-accident, reasonable suspicion, 
return to duty, or follow-up) drug test required under the FHWA 
regulation.
    DRUG TRAINING/EDUCATION requires information on the number of 
supervisory personnel who have received the required drug training 
during the current reporting period.
    SECTION D--ALCOHOL TESTING INFORMATION requires information for 
alcohol testing, refusals for testing, and training/education. The 
first table requests information on the NUMBER OF SCREENING TESTS 
CONDUCTED in each category of testing. These categories include: (1) 
pre-employment, (2) random, (3) post-accident/non-fatal, (4) post-
accident/fatal, (5) reasonable suspicion, (6) return to duty, and 
(7) follow-up testing. All numbers entered into this table should be 
for applicants or company employees in covered positions only (i.e., 
``Drivers''). Enter the number of alcohol screening tests conducted 
for each category of testing. These numbers do not include refusals 
for testing.
    Following the table that summarizes ALCOHOL TESTING INFORMATION, 
you must provide a count of the ``Number of drivers who engaged in 
alcohol misuse who were returned to duty in a covered position 
(having complied with the recommendations of a substance abuse 
professional as described in FHWA regulations)''. This information 
should be available from the personnel office and/or drug and 
alcohol program manager.
    EMPLOYEES WHO REFUSED TO SUBMIT TO AN ALCOHOL TEST requires a 
count of the NUMBER OF COVERED EMPLOYEES who refused to submit to a 
random or non-random (pre-employment, post-accident, reasonable 
suspicion, return to duty, or follow-up) alcohol test required under 
the FHWA regulation.
    ALCOHOL TRAINING/EDUCATION requires information on the number of 
supervisors who have received initial training on the specific 
contemporaneous physical, behavioral, and performance indicators of 
probable alcohol use as required by FHWA alcohol testing regulations 
during the current reporting period.

FHWA Drug and Alcohol Testing MIS ``EZ'' Data Collection Form OMB No. 
2125-0543

A. Motor Carrier Employer Information

Company----------------------------------------------------------------

Year Covered by This Report:-------------------------------------------
Principal Place of Business for Safety:

Physical Address-------------------------------------------------------

Mailing Address--------------------------------------------------------

----------------------------------------------------------------------

----------------------------------------------------------------------

----------------------------------------------------------------------
U.S. DOT Number--------------------------------------------------------

ICC Number-------------------------------------------------------------
    I, the undersigned, certify that the information provided on the 
attached Federal Highway Administration Drug and Alcohol Testing 
Management Information System Data Collection Form is, to the best 
of my knowledge and belief, true, correct, and complete for the 
period stated.

----------------------------------------------------------------------
Signature

----------------------------------------------------------------------
Date of Signature
----------------------------------------------------------------------
Title
----------------------------------------------------------------------
Phone Number
    Title 18, U.S.C. Section 1001, makes it a criminal offense 
subject to a maximum fine of $10,000, or imprisonment for not more 
than 5 years, or both, to knowingly and willfully make or cause to 
be made any false or fraudulent statement or representations in any 
matter within the jurisdiction of any agency of the United States.
    The Federal Highway Administration estimates that the average 
burden for this report form is 30 minutes. You may submit any 
comments concerning the accuracy of this burden estimate or any 
suggestions for reducing the burden to: Director, Office of Motor 
Carrier Standards (HCS-1); Federal Highway Administration; 400 7th 
St., SW., Washington, DC 20590; OR Office of Management and Budget, 
Paperwork Reduction Project (2125-0543); Washington, DC 20503.

                                                                        
[[Page 13377]]                                                          
                                              B. Covered Employees                                              
----------------------------------------------------------------------------------------------------------------
                                                Covered Employees                                               
-----------------------------------------------------------------------------------------------------------------
                                     Number of      Number of Employees Covered by More Than One DOT Operating  
                                        FHWA                              Administration                        
         Employee Category            Covered   ----------------------------------------------------------------
                                     Employees       FAA          FRA          FTA          RSPA         USCG   
----------------------------------------------------------------------------------------------------------------
Drivers                                                                                                         
----------------------------------------------------------------------------------------------------------------


                                                               C. Drug Testing Information                                                              
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   Number of Specimens Collected and Verified Negative                                                  
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                          Pre-Employment      Random      Post-Accident/  Post-Accident/    Reasonable    Return to Duty     Follow-up  
                                         --------------------------------    Non-Fatal         Fatal         Suspicion   -------------------------------
            Employee Category                                            ------------------------------------------------                               
                                           Coll     Neg    Coll     Neg    Coll     Neg    Coll     Neg    Coll     Neg    Coll     Neg    Coll     Neg 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Drivers                                                                                                                                                 
--------------------------------------------------------------------------------------------------------------------------------------------------------


Number of drivers returned to duty during this reporting                
 period who had a verified positive drug test or refused a              
 drug test required under the FHWA rule:                                
                                                                        


                                                                        
       Employees who refused to submit to a drug test           Number  
Covered employees who refused to submit to a random drug                
 test required under the FHWA regulation:                               
Covered employees who refused to submit to a non-random                 
 drug test required under the FHWA regulation:                          


------------------------------------------------------------------------
                  Drug training/education                       Number  
------------------------------------------------------------------------
Supervisors who have received initial training on the                   
 specific contemporaneous physical, behavioral, and                     
 performance indicators of probable drug use as required by             
 FHWA drug testing regulations:                                         
------------------------------------------------------------------------


                                         D. Alcohol Testing Information                                         
----------------------------------------------------------------------------------------------------------------
                                   Number of alcohol screening tests conducted                                  
-----------------------------------------------------------------------------------------------------------------
                                                    Post-        Post-                                          
  Employee category        Pre-        Random     Accident/    Accident/    Reasonable   Return to    Follow-up 
                        employment                non-fatal      fatal      suspicion       duty                
----------------------------------------------------------------------------------------------------------------
Drivers                                                                                                         
----------------------------------------------------------------------------------------------------------------


Number of drivers who engaged in alcohol misuse who were                
 returned to duty in a covered position (having complied                
 with the recommendations of a substance abuse professional             
 as described in FHWA regulations):                                     
                                                                        


                                                                        
     Employees who refused to submit to an alcohol test         Number  
Covered employees who refused to submit to a random alcohol             
 test required under the FHWA regulation:                               
Covered employees who refused to submit to a non-random                 
 alcohol test required under the FHWA regulation:                       


------------------------------------------------------------------------
                 Alcohol training/education                     Number  
------------------------------------------------------------------------
Number of supervisors who have received initial training on             
 the specific contemporaneous physical, behavioral, and                 
 performance indicators of probable alcohol use as required             
 by FHWA alcohol testing regulations:                                   
------------------------------------------------------------------------

[FR Doc. 95-6043 Filed 3-10-95; 8:45 am]
BILLING CODE 4910-22-P